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Full text of "Atomic energy legislation through 94th Congress, 1st session"

94th Congress 1 
2d Session / 



JOINT COMMITTEE PRINT 



ATOMIC ENERGY LEGISLATION 

THROUGH 

94th CONGRESS, 1st SESSION 



JOINT COMMITTEE ON ATOMIC ENERGY 
CONGRESS OP THE UNITED STATES 




MARCH 1976 \T<, * ^ /«j* ^ 



Printed for the use of the Joint Committee on Atomic Energy 



94 2d Session* 3 } JOINT COMMITTEE PRINT 



ATOMIC ENERGY LEGISLATION 

THROUGH 

94th CONGRESS, 1st SESSION 



JOINT COMMITTEE ON ATOMIC ENERGY 
CONGRESS OP THE UNITED STATES 




MARCH 1976 



Printed for the use of the Joint Committee on Atomic Energy 



65-234 



U.S. GOVERNMENT PRINTING OFFICE 
WASHINGTON : 1976 



For sale by the Superintendent of Documents, U.S. Government Printing Office 
Washington, D.C. 20402 - Price $5. 00 



JOINT COMMITTEE OX ATOMIC ENERGY 

JOHN O. PASTORE, Rhode Island, Cliairman 
MELVIN PRICE, Illinois, Vice Chairman 

SENATE HOUSE OF REPRESENTATIVES 

HENRY M. JACKSON, Washington JOHN YOUNG, Texas 

STUART SYMINGTON, Missouri TENO RONCALIO, Wyoming 

JOSEPH M. MONTOYA, New Mexico MIKE McCORMACK, Washington 

JOHN V. TUNNEY, California JOHN E. MOSS, California 

HOWARD H. BAKER, Jr., Tennessee JOHN B. ANDERSON, Illinois 

CLIFFORD P. CASE, New Jersey MANUEL LUJAN, Jr., New Mexico 

JAMES B. PEARSON, Kansas FRANK HORTON, New York 

JAMES L. BUCKLEY, New York ANDREW J. HINSHAW, California 

George F. Murphy, Jr., Executive Director 
James B. Graham, Assistant Director 
Albion W. Knight, Jr., Professional Staff Member 
William C. Parler, Committee Counsel 
James K. Asselstixe, Assistant Counsel 
Norman P. Klug, Technical Consultant 
Stephen J. Lanes, Technical Consultant 
Beverly A. Baughman, Research Assistant 
Michael R. Keppel, GAO Consultant 
Christopher C. O'Malley, Printing Editor 

(ID 



FOREWORD 



This collection of statutes and material pertaining to atomic energy 
legislation has been prepared by the committee staff for the use of 
the Joint Committee on Atomic Energy, the Congress, interested 
Government agencies, and the public. 

(in; 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/atomiceOOunit 



TABLE OF CONTENTS 



Pafce 

Part I. The Atomic Energy Act of 1954, as amended 1 

Titles of Chapters and Sections „ 1 

Chapter 1. Declaration, findings, and purpose 4 

Chapter 2. Definitions 6 

Chapter 3. Organization 11 

Chapter 4. Research 16 

Chapter 5. Production of special nuclear material 18 

Chapter 6. Special nuclear material 20 

Chapter 7. Source material 30 

Chapter 8. Byproduct material 34 

Chapter 9. Military application of atomic energy 35 

Chapter 10. Atomic energy licenses 37 

Chapter 11. International activities 44 

Chapter 12. Control of information 47 

Chapter 13. Patents and inventions 53 

Chapter 14. General authority 61 

Chapter 15. Compensation for private property acquired 84 

Chapter 16. Judicial review and administrative procedure 85 

Chapter 17. Joint Committee on Atomic Energy 93 

Chapter 18. Enforcement 96 

Chapter 19. Miscellaneous 101 

Part II. Energy Reorganization Act of 1974 109 

Part III. AEC Authorization Acts (with amendments) 141 

Public Law 84-141 (fiscal year 1956) 141 

Public Law 84-506 (fiscal year 1957) $ 145 

Public Law 84-981 (1957 supplemental) 150 

Public Law 85-162 (fiscal year 1958) 151 

Public Law 85-590 (fiscal year 1959) 162 

Public Law 86-50 (fiscal year 1960) 171 

Public Law 86-457 (fiscal year 1961) 180 

Public Law 87-315 (fiscal year 1962) 186 



Publ 
Publ 
Publ 
Publ 
Publ 
Publ 
Publ 
Publ 
Publ 
Publ: 
Publ 
Publ 
Publ 
Publ 
Publ 
Publ 
Publ 



c Law 87-701 (fiscal year 1963) 193 

c Law 88-72 (fiscal year 1964) 202 

c Law 88-189 (fiscal year 1964 supplemental) 209 

c Law 88-332 (fiscal year 1965) 210 

c Law 89-32 (fiscal year 1966) 215 

c Law 89-428 (fiscal year 1967) 220 

c Law 90-56 (fiscal year 1968) 225 

c Law 90-289 (fiscal year 1969) 228 

c Law 91-44 (fiscal year 1970) 231 

c Law 91-273 (fiscal year 1971) 235 

c Law 91-580 (fiscal year 1971 supplemental) 240 

c Law 92-84 (fiscal year 1972) 241 

c Law 92-314 (fiscal year 1973) 246 

c Law 93-60 (fiscal year 1974) 252 

c Law 93-158 (fiscal year 1974 supplemental) 257 

c Law 93-276 (fiscal year 1975) 258 

c Law 93-576 (fiscal year 1975 supplemental) 263 

(V) 



VI 

Page 

Part IV. NRC Authorization Acts 265 

Public Law 94-18 (fiscal year 1975 supplemental) 265 

Public Law 94-79 (fiscal year 1976) 266 

Part V. ERDA Authorization Acts 269 

Public Law 94-187 (fiscal year 1976) 269 

Part VI. Euratom Cooperation Act of 1958 and Concurrent Resolution __ 291 

Public Law 85-846 291 

Senate Concurrent Resolution 116 295 

Public Law 93-88 296 

Part VII. International Atomic Energy Agency Participation Act of 1957__ 299 

Part VIII. Atomic Energy Community Act of 1955, as amended 305 



APPENDIXES 

Paie 
Appendix A. Index to legislative history of Atomic Energy Act of 1954 and 

amendments 335 

Appendix B. Atomic Energy Act of 1946, as amended 353 

Appendix C. Index to legislative history of Atomic Energy Act of 1946 and 

amendments 374 

Appendix D. Cross reference charts — Atomic Energy Acts of 1946 and 

1954 381 

Appendix E. Appropriations for the atomic energy program (fiscal years 

1947-75) 387 

Military appropriations (M. E. D.) 387 

Fiscal vear 1947 389 

Fiscal year 1948 390 

Fiscal vear 1949 391 

Fiscal vear 1950 392 

Fiscal year 1951 395 

Fiscal vear 1952 397 

Fiscal vear 1953 401 

Fiscal year 1954 403 

Fiscal year 1955 405 

Fiscal vear 1956 407 

Fiscal year 1957 409 

Fiscal year 1958 410 

Fiscal year 1959 412 

Fiscal year 1960 413 

Fiscal year 1961 415 

Fiscal year 1962 416 

Fiscal year 1963 418 

Fiscal vear 1964 420 

Fiscal year 1965 421 

Fiscal vear 1966 423 

Fiscal vear 1967 424 

Fiscal year 1968 425 

Fiscal year 1969 427 

Fiscal year 1970 428 

Fiscal year 1971 430 

Fiscal year 1972 432 

Fiscal year 1973 433 

Fiscal year 1974 434 

Fiscal year 1975 435 

Table of appropriations 438 

Appropriations for the atomic energy program (fiscal years 1976 on) 442 

Fiscal vear 1975 (supplemental) 442 

Fiscal year 1976 444 

Tables of appropriations 447 

ERDA appropriations 447 

N RC appropriations 447 

Appendix F. Executive Order 9816 (transferring properties and personnel 

from Manhattan Engineer District to AEC) 448 

Appendix G. Los Alamos retrocession 450 

Appendix H. Atomic Weapons and Special Nuclear Materials Rewards 

Act of 1955 451 

Appendix I. AEC Headquarters Act 453 

Appendix J. Nuclear-powered merchant ship authorization 455 

Appendix K. Title and jurisdiction to lands 457 

Appendix L. Livermore retrocession 458 

Appendix M. Community support facilities, Los Alamos, N. Mex 460 

Appendix N. Agreement for cooperation with Government of France 461 

(VII) 



vin 

Appendix O. Nuclear Test Ban Treaty 463 

Appendix P. Interoceanic canal study _ 467 

Appendix Q. Exchange of Hanf ord lands 469 

Appendix R. S. Res. 179 relating to nonproliferation of nuclear weapons. _ 471 

Appendix S. Nonproliferation Treaty 472 

Appendix T. Transfer of Otowi section land 478 

Appendix U. Treaty on Outer Space 480 

Appendix V. Seabeds Treaty 486 

Appendix W. Interior Department's Participation in MWD Desalting 

Project 491 

Appendix X. Executive orders concerning international atomic coopera- 
tion 493 

Appendix Y. Nuclear Warship Indemnity Resolution 497 

Appendix Z. Index to Atomic Energy Act of 1954, as amended 499 

Appendix AA. Documents relating to activation of Energy Research and 
Development Administration (ERDA) and Nuclear Regulatory Com- 
mission (NRC) 516 

Appendix BB. Senate Resolution 221 545 



PART I. THE ATOMIC ENERGY ACT OF 1954 1 

Public Law 83-703 

(68 Stat. 919) 

AN ACT 

To amend the Atomic Energy Act of 1946, as amended, and for 
other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress 
assembled. That the Atomic Energy Act of 1946, as 
amended, is amended to read as follows : 

"ATOMIC ENERGY ACT OF 1954 

"Chapter 1. Declaration, Findings, and Purpose 

9 42 U.S.C. sec 

"Sec. 1. Declaration. 2011 

"Sec. 2. Findings. 2012 

"Sec. 3. Purpose. 2013 

"Chapter 2. Definitions 

"Sec. 11. Definitions. 2014 

"Chapter 3. Organization 

"Sec. 23. Office. 2033 
"Sec. 24. General Manager, Deputy and Assistant General Man- 2034 

agers. 

"Sec. 25. Divisions, Offices, and Positions. 2035 

"Sec. 26. General Advisory Committee. 2036 

"Sec. 27. Military Liaison Committee. 2037 

"Sec. 28. Appointment of Army, Navy, or Air Force Officers. 2038 

"Sec. 29. Advisory Committee on Reactor Safeguards. 2039 

"Chapter 4. Research 

"Sec. 31. Research Assistance. 2051 

"Sec. 32. Research by the Commission. 2052 

"Sec. 33. Research for Others. 2053 

"Chapter 5. Production of Special Nuclear Material 

"Sec. 41. Ownership and Operation of Production Facilities. 2061 

"Sec. 42. Irradiation of Materials. 2062 

"Sec. 43. Acquisition of Production Facilities. 2063 

"Sec. 44. Disposition of Energy. 2064 

"Chapter 6. Special Nuclear Material 

"Sec. 51. Special Nuclear Material. 2071 

"Sec. 53. Domestic Distribution of Special Nuclear Material. 2073 

"Sec. 54. Foreign Distribution of Special Nuclear Material. 2074 

"Sec. 55. Acquisition. 2075 

"Sec. 56. Guaranteed Purchase Prices. 2076 

"Sec. 57. Prohibition. 2077 

"Sec. 58. Review. 2078 



1 For index to legislative history, see appendix A, infra. 

(1) 



42 U.S.C. sec. 

2091 

2092 

2093 

2094 

2095 

2096 

2097 

2098 

2099 



2111 
2112 



"Chaptee 7. Souece MATEEIAL 

"Sec. 61. Source Material. 

"Sec. 62. License for Transfers Required. 

"Sec. 63. Domestic Distribution of Source Material. 

"Sec. 64. Foreign Distribution of Source Material. 

"Sec. 65. Reporting. 

"Sec. 66. Acquisition. 

"Sec. 67. Operations on Lands Belonging to the United States. 

"Sec. 68. Public and Acquired Lands. 

"Sec. 69. Prohibition. 

"Chaptee 8. Byproduct Matebial 

"Sec. 81. Domestic Distribution. 

"Sec. 82. Foreign Distribution of Byproduct Material. 

"Chaptee 9. Military Application of Atomic Energy 



2121 
2122 



"Sec. 91. Authority. 
"Sec. 92. Prohibition. 



2131 
2132 
2133 
2134 
2135 
2136 
2137 
2138 
2139 
2140 



"Chapter 10. Atomic Energy Licenses 

"Sec. 101. License Required. 

"Sec. 102. Finding of Practical Value. 

"Sec. 103. Commercial Licenses. 

"Sec. 104. Medical Therapy and Research and Development. 

"Sec. 105. Antitrust Provisions. 

"Sec. 106. Classes of Facilities. 

"Sec. 107. Operators' Licenses. 

"Sec. 108. War or National Emergency. 

"Sec. 109. Component Parts of Facilities. 

"Sec. 110. Exclusions. 



"Chaptee 11. International Activities 

2151 "Sec. 121. Effect of International Arrangements. 

2152 "Sec. 122. Policies Contained in International Arrangements. 

2153 "Sec. 123. Cooperation With Other Nations. 

2154 "Sec. 124. International Atomic Pool. 
2153 (Nt) "Sec. 125. Cooperation With Berlin. 



2161 
2162 
2163 
2164 
2165 
2166 



"Chaptee 12. Control of Information 

"Sec. 141. Policy. 

"Sec. 142. Classification and Declassification of Restricted Data. 

"Sec. 143. Department of Defense Participation. 

"Sec. 144. International Cooperation. 

"Sec. 145. Restrictions. 

"Sec. 146. General Provisions. 



2181 



'Sec. 151. 



2182 


"Sec. 


152. 


2183 


"Sec. 


153. 


2184 


"Sec. 


154. 


2185 


"Sec. 


155. 


2186 


"Sec. 


156. 


2187 


"Sec. 


157. 


2188 


"Sec. 


158. 


2189 


"Sec. 


159. 


2190 


"Sec. 


160. 


42 U.S.C. sec. 






2201 


"Sec. 


161. 


2202 


"Sec. 


162. 



"Chapter 13. Patents and Inventions 

Inventions Relating to Atomic Weapons, and Filing of 

Reports. 
Inventions Conceived During Commission Contracts. 
Nonmilitary Utilization. 
Injunctions. 
Prior Art. 

Commission Patent Licenses. 
Compensation, Awards, and Royalties. 
Monopolistic Use of Patents. 
Federally Financed Research. 
Saving Clause. 

"Chapter 14. General Authority 



"Sec. 163. Advisory Committees. 2203 

"Sec. 164. Electric Utility Contracts. 2204 

"Sec. 165. Contract Practices. 2205 

"Sec. 166. Comptroller General Audit. 2206 

"Sec. 167. Claim Settlements. 2207 

"Sec. 168. Payments in Lieu of Taxes. 2208 

"Sec. 169. No Subsidy. 2209 

"Sec. 170. Indemnification and Limitation of Liability. 221 ° 

"Chapter 15. Compensation fob Private Property Acquired 

"Sec. 171. Just Compensation. 2221 

"Sec. 172. Condemnation of Real Property. 2222 

"Sec. 173. Patent Application Disclosures. 2223 

"Sec. 174. Attorney General Approval of Title. 2224 

"Chapter 16. Judicial Review and Administrative Procedure 

"Sec. 181. General. 2231 

"Sec. 182. License Applications. 2232 

"Sec. 183. Terms of Licenses. 2233 

"Sec. 184. Inalienability of Licenses. 2234 

"Sec. 185. Construction Permits. 2235 

"Sec. 186. Revocation. 2236 

"Sec. 187. Modification of License. 2237 

"Sec. 188. Continued Operation of Facilities. 2238 

"Sec. 189. Hearings and Judicial Review. 2239 

"Sec. 190. Licensee Incident Reports. 224 ° 

"Sec. 191. Atomic Safety and Licensing Board. 2241 

"Sec. 192. Temporary Operating License. 2242 

"Chapter 17. Joint Committee on Atomic Energy 

"Sec. 201. Membership. 22 5l 

"Sec. 202. Authority and Duty. 2252 

"Sec. 203. Chairman. 2253 

"Sec. 204. Powers. 2254 

"Sec. 205. Staff and Assistance. 2255 

"Sec. 206. Classification of Information. 2256 

"Sec. 207. Records. 2257 

"Chapter 18. Enforcement 

"Sec. 221. General Provisions. 2271 

"Sec. 222. Violation of Specific Sections. 2272 

"Sec. 223. Violation of Sections Generally. 2273 

"Sec. 224. Communication of Restricted Data. 2274 

"Sec. 225. Receipt of Restricted Data. 2275 

"Sec. 226. Tampering with Restricted Data. 2276 

"Sec. 227. Disclosure of Restricted Data. 2277 

"Sec. 228. Statute of Limitations. 2278 

"Sec. 229. Trespass Upon Commission Installations. 2278a 

"Sec. 230. Photographing, etc., of Commission Installations. 2278b 

"Sec. 231. Other Laws. 2279 

"Sec. 232. Injunction Proceedings. 2280 

"Sec. 233. Contempt Proceedings. 2281 
"Sec. 234. Civil Monetary Penalties for Violations of Licensing 

Requirements. 2282 

"Chapter 19. Miscellaneous 

"Sec. 241. Transfer of Property. 2015 

"Sec. 251. Report to Congress. 2016 

"Sec. 261. Appropriations. 2017 

"Sec. 271. Agency Jurisdiction. 2018 

"Sec. 272. Applicability of Federal Power Act. 2019 

"Sec. 273. Licensing of Government Agencies. 2020 

"Sec. 274. Cooperation with States. 2021 
"Sec. 281. Separability. 
"Sec. 291. Short Title. 



Declaration. 
42 U.S.C. 
sec 2011. 



Findings. 
42 U.S.C. 
sec. 2012. 



"CHAPTER 1. DECLARATION, FINDINGS, AND 
PURPOSE 

"Section 1. Declaration. — Atomic energy is capable 
of application for peaceful as well as military purposes. 
It is therefore declared to be the policy of the United 
States that — 

"a. the development, use, and control of atomic 
energy shall be directed so as to make the maximum 
contribution to the general welfare, subject at all 
times to the paramount objective of making the 
maximum contribution to the common defense and 
security; and 

"b. the development, use, and control of atomic 

energy shall be directed so as to promote world 

peace, improve the general welfare, increase the 

standard of living, and strengthen free competition 

in private enterprise. 

"Sec 2. Findings. 2 — The Congress of the United 

States hereby makes the following findings concerning 

the development, use, and control of atomic energy : 

"a. The development, utilization, and control of 
atomic energy for military and for all other purposes are 
vital to the common defense and security. 

"c. 3 The processing and utilization of source, byprod- 
uct, and special nuclear material affect interstate and 
foreign commerce and must be regulated in the national 
interest. 

"d. The processing and utilization of source, byproduct, 
and special nuclear material must be regulated in the na- 
tional interest and in order to provide for the common 
defense and security and to protect the health and safety 
of the public. 

"e. Source and special nuclear material, production 
facilities, and utilization facilities are affected with the 
public interest, and regulation by the United States of 
the production and utilization of atomic energy and of 
the facilities used in connection therewith is necessary in 
the national interest to assure the common defense and se- 
curity and to protect the health and safety of the public, 
"f. The necessity for protection against possible inter- 
state damage occurring from the operation of facilities 



«Sec. 20 of Public Law 88-489 (78 Stat. 602) (1964), the Private 
Ownership of Special Nuclear Materials Act, reads as follows : 

"Nothing in this Act shall be deemed to diminish existing authority 
of the United States, or of the Atomic Energy Commission under the 
Atomic Energy Act of 1954, as amended, to regulate source, byproduct, 
and special nuclear material and production and utilization facilities or 
to control such materials and facilities exported from the United States 
by imposition of governmental guarantees and security safeguards with 
respect thereto, in order to assure the common defense and security 
and to protect the health and safety of the public, or to reduce the re- 
sponsibility of the Atomic Energy Commission to achieve such objectives." 

•Public Law.88-489 (78 Stat. 602) (1964), sec. 1, deleted subsec. 2 b. 
Subsec. 2 b read as follows : 

"b. In permitting the property of the United States to be used by others 
such use must be regulated In the national interest and in order to pro- 
vide for the common defense and security and to protect the health and 
safety of the public." 



for the production or utilization of source or special nu- 
clear material places the operation of those facilities in 
interstate commerce for the purposes of this Act. 

"g. Funds of the United States may be provided for 
the development and use of atomic energy under condi- 
tions which will provide for the common defense and 
security and promote the general welfare. 

"i. 4 In order to protect the public and to encourage the 
development of the atomic energy industry, in the inter- 
est of the general welfare and of the common defense and 
security, the United States may make funds available for 
a portion of the damages suffered by the public from 
nuclear incidents, and may limit the liability of those 
persons liable for such losses. 5 

"Sec. 3. Purpose. — It is the purpose of this Act to J£ r ^g e £ 
effectuate the policies set forth above by providing for — sec. 2013. 
"a. a program of conducting, assisting, and fos- 
tering research and development in order to encour- 
age maximum scientific and industrial progress; 

"b. a program for the dissemination of unclassi- 
fied scientific and technical information and for the 
control, dissemination, and declassification of Re- 
stricted Data, subject to appropriate safeguards, so 
as to encourage scientific and industrial progress ; 

"c. a program for Government control of the pos- 
session, use, and production of atomic energy and 
special nuclear material, whether owned by the 
Government or others, so directed as to make the 
maximum contribution to the common defense and 
security and the national welfare, and to provide 
continued assurance of the Government's ability to 
enter into and enforce agreements with nations or 
groups of nations for the control of special nuclear 
materials and atomic weapons. 6 

"d. a program to encourage widespread participa- 
tion in the development and utilization of atomic 
energy for peaceful purposes to the maximum extent 
consistent with the common defense and security and 
with the health and safety of the public ; 

"e. a program of international cooperation to pro- 
mote the common defense and security and to make 
available to cooperating nations the benefits of 
peaceful applications of atomic energy as widely as 
expanding technology and considerations of the 
common defense and security will permit ; and 

'Public Law 88-489 (78 Stat. 602) (1964), sec. 2, deleted subsec. 2 h. 
Subsec. 2 h, read as follows : 

"h. It is essential to the common defense and security that title to all 
special nuclear material be in the United States while such special nuclear 
material is within the United States." 

IE U £!] C £ aw §H5£ (71 Stat 576 >' (1957 > sec - If added subsec. L 
•Public Law 88-489 (78 Stat. 602) (1964), sec. 3, amended this sub- 
section. Before amendment it read : 

"c. A program for Government control of the possession, use, and 
production of atomic energy and special nuclear material so directed as 
to make the maximum contribution to the common defense and security 
and the national welfare ;" 



6 

"f. a program of administration which will be 
consistent with the foregoing policies and programs, 
with international arrangements, and with agree- 
ments for cooperation, which will enable the Con- 
gress to be currently informed so as to take further 
legislative action as may be appropriate. 

"CHAPTER 2. DEFINITIONS 



Definitions. 
42 U.S.C. 
sec. 2014. 



Agency of the 
U.S. 



Agreement for 
cooperation. 



Atomic energy. 



Atomic 
weapon. 



Byproduct 
materials. 



Commission. 



Common 
defense 
and security. 
Defense infor- 
mation. 



Design. 



"Sec. 11. Definitions. — The intent of Congress in the 
definitions as given in this section should be construed 
from the words or phrases used in the definitions. As 
used in this Act : 

"a. The term 'agency of the United States' means the 
executive branch of the United States, or any Govern- 
ment agency, or the legislative branch of the United 
States, or any agency, committee, commission, office, or 
other establishment in the legislative branch, or the judi- 
cial branch of the United States, or any office, agency, 
committee, commission, or other establishment in the 
judicial branch. 

"b. The term 'agreement for cooperation' means any 
agreement with another nation or regional defense 
organization authorized or permitted by sections 54, 
57, 64, 82, 91 c, 103, 104, or 144, and made pursuant to 
section 123. 7 

"c. The term 'atomic energy' means all forms of energy 
released in the course of nuclear fission or nuclear trans- 
formation. 

"d. The term 'atomic weapon' means any device utiliz- 
ing atomic energy, exclusive of the means for trans- 
porting or propelling the device (where such means is 
a separable and divisible part of the device), the prin- 
cipal purpose of which is for use as, or for development 
of, a weapon, a weapon prototype, or a weapon test 
device. 

"e. The term 'byproduct material' means any radio- 
active material (except special nuclear material) yielded 
in or made radioactive by exposure to the radiation inci- 
dent to the process of producing or utilizing special 
nuclear material. 

"f. The term 'Commission' means the Atomic Energy 
Commission. 

"g. The term 'common defense and security' means the 
common defense and security of the United States. 

"h. The term 'defense information' means any infor- 
mation in any category determined by any Government 
agency authorized to classify information, as being in- 
formation respecting, relating to, or affecting the na- 
tional defense. 

"i. The term 'design' means (1) specifications, plans, 
drawings, blueprints, and other items of like nature; 



i Public Law 87-206 (75 Stat. 475) (1961), sec. 2, amended this sub- 
section by adding sec. 91 c. 



(2) the information contained therein; or (3) the re- 
search and development data pertinent to the informa- 
tion contained therein. 

"j. The term 'extraordinary nuclear occurrence' means 
any event causing a discharge or dispersal of source, 
special nuclear, or byproduct material from its intended 
place of confinement in amounts oifsite, or causing radia- 
tion levels oifsite, which the Commission determines to 
be substantial, and which the Commission determines has 
resulted or will probably result in substantial damages 
to persons offsite or property offsite. Any determination 
by the Commission that such an event has, or has not, 
occurred shall be final and conclusive, and no other official 
or any court shall have power or jurisdiction to review 
any such determination. The Commission shall establish 
criteria in writing setting forth the basis upon which 
such determination shall be made. As used in this sub- 
section, 'offsite' means away from 'the location' or 'the 
contract location' as defined in the applicable Commis- 
sion indemnity agreement, entered into pursuant to sec- 
tion 170. 7a 

"k. The term 'financial protection' means the ability to 
respond in damages for public liability and to meet the 
costs of investigating and defending claims and settling 
suits for such damages. 8 

"1. The term 'Government agency' means any execu- 
tive department, commission, independent establishment, 
corporation, wholly or partly owned by the United States 
of America which is an instrumentality of the United 
States, or any board, bureau, division, service, office, 
officer, authority, administration, or other establishment 
in the executive branch of the Government. 

"m. The term 'indemnitor' means (1) any insurer with 
respect to his obligations under a policy of insurance 
furnished as proof of financial protection; (2) any 
licensee, contractor or other person who is obligated 
under any other form of financial protection, with respect 
to such obligations; and (3) the Commission with re- 
spect to any obligation undertaken by it in an indemnity 
agreement entered into pursuant to section 170. 8a 

"n. The term 'international arrangement' means any 
international agreement hereafter approved by the Con- 
gress or any treaty during the time such agreement or 
treaty is in full force and effect, but does not include 
any agreement for cooperation. 

"o. The term 'Joint Committee' means the Joint Com- 
mittee on Atomic Energy. 

"p. The term 'licensed activity' means an activity li- 
censed pursuant to this Act and covered by the provisions 
of section 170a. 8b 



Extraordinary 

nuclear 

occurrence. 



Financial 
protection. 



Government 

agency. 



Indemnitor. 



International 
arrangement. 



Joint 
Committee. 



Licensed 
activity. 



7a Public Law 89-645 (SO Stat. S91) (1966), sec. 1. added subsec. j. 
8 Public Law 85-256 (71 Stat. 576) (1957). sec. 3, added subsec. k. 
8a Public Law 89-645 (80 Stat. 891) (1966), sec. 1, added subsec. m. 
eb Public Law 85-256 (71 Stat. 576) (1957), sec. 3, added subsec. p. 



s 



Nuclear 
Incident. 



42 U.S.C. 2091, 
2111. 2121, 
2151. 



Operator. 



Person. 



Person 
Indemnified. 



"q. The term 'nuclear incident' means any occurrence, 
including an extraordinary nuclear occurrence, 9 within 
the United States causing, within or outside the United 
States, bodily injury, sickness, disease, or death, or loss of 
or damage to property, or loss of use of property, arising 
out of or resulting from the radioactive, toxic, explosive, 
or other hazardous properties of source, special nuclear, 
or byproduct material: Provided, however, That as the 
term is used in subsection 170 1., it shall include any such 
occurrence outside of the United States: And provided 
further. That as the term is used in subsection 170 d.. it 
shall include any such occurrence outside the United 
States if such occurrence involves source, special nuclear, 
or byproduct material owned by, and used by or under 
contract with, the United States: And provided further, 
That as the term is used in subsection 170 c it shall in- 
clude any such occurrence outside both the United States 
and any other nation if such occurrence arises out of or 
results from the radioactive, toxic, explosive, or other 
hazardous properties of source, special nuclear, or by- 
product material licensed pursuant to chapters 6, 7. 8, 
and 10 of this Act. which is used in connection with the 
operation of a licensed stationary production or utili- 
zation facility or which moves outside the territorial 
limits of the United States in transit from one person 
licensed by the Commission to another person licensed by 
the Commission. 10 

"r. The term •operator' means any individual who 
manipulates the controls of a utilization or production 
facility. 

"s. The term 'person' means (1) any individual, cor- 
poration, partnership, firm, association, trust, estate. 
public or private institution, group. Government agency 
other than the Commission, any State or any political 
subdivision of, or any political entity within a State, any 
foreign government or nation or any political subdivision 
of any such* government or nation, or other entity ; and 
(2) any legal successor, representative, agent, or agency 
of the foregoing. 

"t. The term 'person indemnified' means (1) with re- 
spect to a nuclear incident occurring within the United 

8 Public Law 89-645 (SO Stat. 891) (1966), sec. 1. amended this sub- 
section by inserting the phrase ", including an extraordinary nuclear 
occurrence,". 

10 Public Law 85-256 (71 Stat. 576) (1957), sec. 3, added subsec. q. 
Prior to amendment by Public Law 89—645 (see footnote 9. above) the 
subsection had been amended by Public Law 87-615 (76 Stat. 409) 
(1962), sec. 4. Before amendment it read : "o. The term 'nuclear incident' 
means any occurrence within the United States causing bodily Injury, 
sickness, disease, or death, or loss of or damage to property, or for loss 
of use of property, arising out of or resulting from the radioactive, toxic, 
explosive, or other hazardous properties of source, special nuclear, or 
byproduct material : Provided, however. That aa the term Is used in 
subsection 170 1., it shall mean any such occurrence outside of the United 
States rather than within the United States." Public Law 94-197 (89 
Stat. 1111) (1975), sec. 1. amended the second proviso in subsection 
llq. Prior to amendment, the proviso read as follows : "And provided 
further. That as the term is used in section 170d.. it shall include any 
such occurrence outside of the United States if such occurrence involves 
a facility or device owned by, and used by or under contract with, the 
United States." 



9 



Produce. 



Production 
facility. 



States or outside the United States as the term is used in 
subsection 170 c, and with respect to any nuclear inci- 
dent in connection with the design, development, construc- 
tion, operation, repair, maintenance, or use of the nu- 
clear ship Savannah, the person with whom an indemnity 
agreement is executed or who is required t<> maintain 
financial protection, and any other person who may be 
liable for public liability or (2) with respect to any 
other nuclear incident occurring outside the United 
States, the person with whom an indemnity agreement is 
executed and any other person who may be liable for 
public liability by reason of his activities under nnv con- 
tract with the Commission or any project to which in- 
demnification under the provisions of subsection l70d. 
has been extended or under any subcontract, pure] 
order or other agreement, of any tier, under any such 
contract or project. 11 

"u. The term 'produce', when used in relation to special 
nuclear material, means (1) to manufacture, make, pro- 
duce, or refine special nuclear material; (2) to separate 
special nuclear material from other substances in which 
such material may be contained ; or (3) to make or to pro- 
duce new special nuclear material. 

"v. The term 'production facility' means (1) any 
equipment or device determined by rule of the Commis- 
sion to be capable of the production of special nuclear 
material in such quantity as to be of significance to the 
common defense and security, or in such manner as to 
affect the health and safety of the public ; or (2) any im- 
portant component part especially designed for such 
equipment or device as determined by the Commission. 

wi w. The term 'public liability' 12 means any legal liabil- Public liability, 
ity arising out of or resulting from a nuclear incident, 
except: (i) claims under State or Federal workmen's 
compensation acts of employees of persons indemnified 
who are employed at the site of and in connection with 
the activity where the nuclear incident occurs: (ii) 
claims arising out of an act of war; and (iii) whenever 
used in subsections 170 a., c, and k., claims for loss of, or 
damage to, or loss of use of property which is located at 

11 Public Law 85-256 (71 Stat. 576) (1957). sec. 3. added subsection t. 
Public Law 87-615 (76 Stat. 409) (1962), sec. 5, amended the subsection 
Before amendment, it read : "r. The term 'person indemnified' means the 
person with whom an indemnity agreement is executed and anv other 
person who may be liable for public liability." Public Law 94-197 (89 
Stat. 1111) (1975), sec 1. amended subsection 11 t. by adding the 
phrases "or outside the United States as the term is used in subsection 
170 c." and "or who is required to maintain financial protection," to 
the definition of the term "person indemnified". 

^Public Law 85-256 (71 St^t. 576) (19^71. sec. 3. ndded subsection w. 
Public Law 87-206 (75 Stat. 475) (1961). sec. 3. amended the subsection. 
Before omendmi nt it read • 

"ii. The term 'public liability' means any legal liability arising out of or 
resulting from, a nuclear incident, except claims under State or federal 
Workmen's Compensation Acts of employees of persons indemnified who 
are employed at the site of and in connection with the activity where the 
nuclear incident occurs, and except for claims arising out of an act of 
war. 'Public liability' also includes damage to property of persons in- 
demnified: Provided. That such property is covered under the terms of 
the financial protection required, except property which is located at the 
site of and used in connection with the activity where the nuclear incident 
occurs." 

65-234—76 2 



10 



Research and 
development. 



Restricted 
Data. 



Source 
material. 



Special nuclear 
material. 



United States. 



Utilization 
facility. 



the site of and used in connection with the licensed 
activity where the nuclear incident occurs. 'Public 
liability' also includes damage to property of persons 
indemnified: Provided, That such property is covered 
under the terms of the financial protection required, ex- 
cept property which is located at the site of and used in 
connection with the activity where the nuclear incident 
occurs. 

"x. The term 'research and development' means (1) 
theoretical analysis, exploration, or experimentation; or 
(2) the extension of investigative findings and theories 
of a scientific or technical nature into practical applica- 
tion for experimental and demonstration purposes, in- 
cluding the experimental production and testing of 
models, devices, equipment, materials, and processes. 

"y. The term 'Restricted Data' means all data concern- 
ing (1) design, manufacture, or utilization of atomic 
weapons ; (2) the production of special nuclear material ; 
or (3) the use of special nuclear material in the produc- 
tion of energy, but shall not include data declassified or 
removed from the Restricted Data category pursuant to 
section 142. 

"z. The term 'source material' means (1) uranium, 
thorium, or any other material which is determined by 
the Commission pursuant to the provisions of section 61 
to be source material ; or (2) ores containing one or more 
of the foregoing materials, in such concentration as the 
Commission may by regulation determine from time to 
time. 

"aa. The term 'special nuclear material' means ( 1 ) plu- 
tonium, uranium enriched in the isotope 233 or in the 
isotope 235, and any other material which the Commis- 
sion, pursuant to the provisions of section 51, determines 
to be special nuclear material, but does not include source 
material ; or (2) any material artificially enriched by any 
of the foregoing, but does not include source material. 

"bb. The term 'United States' when used in a geo- 
graphical sense includes all Territories and possessions 
of the United States, the Canal Zone and Puerto Rico. 13 

"cc. The term ^utilization facility' means (1) any 
equipment or device, except an atomic weapon, deter- 
mined by rule of the Commission to be capable of making 
use of special nuclear material in such quantity as to be 
of significance to the common defense and security, or in 
such manner as to affect the health and safety of the 
public, or peculiarly adapted for making use of atomic 
energy in such quantity as to be of significance to the 



"Public Law 84-1006 (70 Stat. 1069) (1956), sec. 1, amended this 
definition. Before amendment it read : 

"u. The term 'United States', when used in a geographical sense, in- 
cludes all Territories and possessions of the United States, and the 
Canal Zone." 



11 



common defense and security, or in such manner as to 
affect the health and safety of the public; or (2) any im- 
portant component part especially designed for such 
equipment or device as determined by the Commission. 

"CHAPTER 3. ORGANIZATION 

"Sec. 23. 14 Office. — The principal office of the Com- 
mission shall be in or near the District of Columbia, 
but the Commission or any duly authorized representa- 
tive may exercise any or all of its powers in any place; 
however, the Commission shall maintain an office for the 
service of process and papers within the District of 
Columbia. 



Office. 
42 U.S.C. 
sec. 2033. 



14 P.L. 93-438. Sec. 104(a) (88 Stat. 1233) (1974), sections 21 and 22. 
Prior to repeal, section 21, read as follows. 

"Sec. 21. Atomic Energy Commission. — There is hereby established 
an Atomic Energy Commission, which shall be composed of five members, 
each of whom shall be a citizen of the United States. The President shall 
designate one member of the Commission as Chairman thereof to serve as 
such during the pleasure of the President. The Chairman may from time 
to time designate any other member of the Commission as Acting Chair- 
man to act in the place and stead of the Chairman during his absence. 
The Chairman (or the Acting Chairman in the absence of the Chairman) 
shall preside at all meetings of the Commission and a quorum for the 
transaction of business shall consist of at least three members present. 
Each member of the Commission, including the Chairman, shall have equal 
responsibility and authority in all decisions and actions of the Commis- 
sion, shall have full access to all information relating to the performance 
of his duties or responsibilities, and shall have one vote. 

Action of the Commission shall be determined by a majority vote of 
the members present. The Chairman (or Acting Chairman in the absence 
of the Chairman) shall be the official spokesman of the Commission in its 
relations with the Congress, Government agencies, persons, or the public, 
and, on behalf of the Commission, shall see to the faithful execution of 
the policies and decisions of the Commission, and shall report thereon to 
the Commission from time to time or as the Commission may direct. The 
Commission shall have an official seal which shall be judicially noticed." 

Public Law 84-337 (69 Stat. 630) (1955), sec. 3 had previously 
amended the fifth sentence of sec. 21. Before amendment this sentence 
read : 

"Each member of the Commission, including the Chairman, shall have 
equal responsibility and authority in all decisions and actions of the 
Commission and shall have one vote." 

Prior to repeal, sec. 22 read as follows : 

Sec 22. Members. — 

"a. Members of the Commission shall be appointed by the President, 
by and with the advice and consent of the Senate. In submitting any 
nomination to the Senate, the President shall set forth the experience and 
qualifications of the nominee. The term of office of each member of the 
Commission taking office after June 30, 1950, shall be five years, except 
that (1) the terms of office of the members first taking office after 
June 30, 1950, shall expire, as designated by the President at the time of 
the appointment, one at the end of one year, one at the end of two years, 
one at the end of three years, one at the end of four years, and one at the 
end of five years, after June 30, 1950; and (2) any member appointed to 
fill a vacancy occurring prior to the expiration of the term for which his 
predecessor was appointed, shall be appointed for the remainder of such 
term. Any member of the Commission may be removed by the President 
for inefficiency, neglect of duty, or malfeasance in office. 

"b. No member of the Commission shall engage in any business, voca- 
tion, or employment other than that of serving as a member of the 
Commission. ' 

Public Law 88^26 (78 Stat. 400) (1964), sec. 305(10) (A) previously 
amended sec. 22 a. by repealing the last sentence, which read : "Each 
member, except the Chairman, shall receive compensation at the rate of 
$22,000 per annum ; and the member designated as Chairman shall receive 
compensation at the rate of $22,500 per annum." 

Public Law 85-287 (71 Stat. 612) (1957), sec. 1, had amended that 
sentence by substituting $22,000 for $1S,000, and by substituting $22,500 
for $20,000. 



12 



General 
Manager, 
Deputy and 
Assistant Gen- 
eral Managers, 
42 U.S.C. 
sec. 2034. 



Divisions and 

offices. 

42 U.S.C. 

sec. 2035. 

Assistant 

General 

Manager for 

Military 

Application. 

Program 

divisions. 



"Sec. •_!-!-. General Manager, Deputy and Assistant 
General Managers. 15 — There is hereby established with- 
in the Commission — 

"a, a General Manager, who shall be the chief 
executive 4 officer of the Commission, and who shall 
discharge such of the administrative and executive 
functions of the Commission as the Commission may 
direct. The General Manager shall be appointed by 
the Commission, shall serve at the pleasure of the 
Commission, and shall be removable by the Com- 
mission. 16 

"b. a Deputy General Manager, who shall act in 
the stead of the General Manager during his absence 
when so directed by the General Manager, and who 
shall perform such other administrative and execu- 
tive functions as the General Manager shall direct. 
The Deputy General Manager shall be appointed by 
the General Manager with the approval of the Com- 
mission, shall serve at the pleasure of the General 
Manager, and shall be removable by the General 
Manager. 17 

k 'c. Assistant General Managers, or their equiva- 
lents (not to exceed a total of three positions), who 
shall perform such administrative and executive 
functions as the General Manager shall direct. They 
shall be appointed by the General Manager with the 
approval of the Commission, shall serve at the pleas- 
ure of the General Manager, and shall be removable 
by the General Manager. 18 
"Sec. 25. Divisions, Offices, and Positions. 19 — There 
is hereby established within the Commission — 

c, a. a Division of Military Application and such 
other program divisions (not to exceed ten in num- 
ber) as the Commission may determine to be 
necessary to the discharge of its responsibilities, in- 
cluding a division or divisions the primary respon- 



15 Public Law 85-287 (71 Stat. 612) (1957), sec. 2, amended sec. 24 
and replaced it in its entirety. Before amendment sec. 24 read : 

"Sec. 24. General Manager. — There is hereby established within the 
Commission a General Manager, who shall discharge such of the admin- 
istrative and executive functions of the Commission as the Commission 
may direct. The General Manager shall be appointed by the Commis- 
sion, shall serve at the pleasure of the Commission, shall be removable 
by the Commission, and shall receive compensation at a rate determined 
by the Commission, but not in excess of $20,000 per annum." 

« Public Law 88-426 (78 Stat. 400) (1964), sec. 306(f), amended the 
last sentence of sec. 24 c. by inserting "and" immediately before "shall be 
removable by the General Manager" and by deleting the last part of the 
sentence which read : ", and shall receive compensation at a rate deter- 
mined by tbe General Manager, but not in excess of $20,500 per annum". 

"Public Law 88-426 (78 Stat. 400) (1964), sec. 306(f). amended the 
last sentence of sec. 24 b. by inserting "and" immediately before "shall be 
removable by the General Manager" and by deleting the last part of the 
sentence which read : ", and shall receive compensation at a rate deter- 
mined by the General Manager, but not in excess of $20,500 per annum". 

'« Public Law 88-426 (78 Stat. 400) (1964), sec. 306(f). amended the 
last sentence of sec. 24 c. by inserting "and" immediately before "shall be 
removable by the General Manager" and by deleting the last part of the 
sentence which read : ", and shall receive compensation at a rate deter- 
mined by the General Manager, but not in excess of $20,000 per annum". 

I 9 Public Law 85-287 (71 Stat. 612) (1957), sec. 8, amended the title 
of sec. 25. Before amendment the title of this section was: "Divisions 
and Offices." 



13 

sibilities of which include the development and 
application of civilian uses of atomic energy. The 
Division of Military Application shall be under the 
direction of an Assistant General Manager for Mili- 
tary Application, who shall be appointed by the 
Commission and shall be an active commissioned 
officer of the Armed Forces serving in general or 
flag officer rank or grade, as appropriate. Each other 
program division shall be under the direction of a 
Director who shall be appointed by the Commission. 
The Commission shall require each such division to 
exercise such of the Commission's administrative 
and executive powers as the Commission may de- 
termine ; 20 

"b. an Office of the General Counsel under the gj^J 
direction of the General Counsel who shall be 
appointed by the Commission ; 21 and 

"c. an Inspection Division under the direction of {J^JJ® 11 
a Director who shall be appointed by the Commis- 
sion. 22 The Inspection Division shall be responsible 
for gathering information to show whether or not 
the contractors, licensees, and officers and employees 
of the Commission are complying with the provi- 
sions of this Act (except those provisions for which 
the Federal Bureau of Investigation is responsible) 
and the appropriate rules and regulations of the 
Commission. 

"d. such other executive management positions 
(not to exceed six in number) as the Commission 
may determine to be necessary to the discharge of its 
responsibilities. Such positions shall be established 
by the General Manager with the approval of the 
Commission. They shall be appointed by the Gen- 
eral Manager with the approval of the Commission, 



"Public Law 90-190 (81 Stat. 575) (1967), sec. 5, amended sec. 25 a. 
Before amendment, sec. 25 a. read as follows : 

"a. a Division of Military Application and such other program divisions 
(not to exceed ten in number) as the Commission may determine to be 
necessary to the discharge of its responsibilities, including a division 
or divisions the primary responsibilities of which include the development 
and application of civilan uses of atomic energy. Each such division 
shall be under the direction of a Director who shall be appointed by the 
Commission. The Director of the Division of Military Application shall 
be an active member of the Armed Forces. The Commission shall require 
each such division to exercise such of the Commission's adniinistrativa 
and executive powers as the Commission may determine ;". 

Publie Law 88-426 (78 Stat. 400) (1964), sec. 306(f), earlier had 
amended the second sentence of sec. 25 a. by deleting the last part which 
read : "and shall receive compensation at a rate determined bv the Com- 
mission, but not in excess of $19,000 per annum". Public Law 85-287 (71 
Stat. 612) (1957), sec. 3, had amended that sentence by substituting 
$19,000 for $16,000. 

=• Public Law 88-426 (78 Stat. 400) (1964), sec. 306(f), amended 
sec. 25 b. by deleting the last part which read : "and shall receive com- 
pensation at a rate determined by the Commission, but not in excess 
of $19,500 p<>r annum. 

Public Law 85-287 (71 Stat. 612) (1957), sec. 3, had amended sec. 
25 b. by substituting $19,500 for $16,000. 

"Public Law 88-426 (78 Stat. 400) (1964), sec. 306(f), amended the 
first sentence of sec. 25 c. by deleting the last part which read : "and 
8hall receive compensation at a rate determined by the Commission, but 
not in excess of $19,000 per annum". 

Public Law 85-2S7 (71 Stat. 612) (1957). sec. 3, had amended that 
sentence by substituting $19,000 for $16,000. 



14 



General 
Advisory 
Committee 
42 U.S.C. 
sec. 203ft. 



Military 
Liaison 
Committee. 
42 U.S.C. 
sec. 2037. 



shall serve at the pleasure of the General Manager, 
and shall be removable by the General Manager. 23 
"Sec. 26. General Advisory Committee. — There shall 
be a General Advisory Committee to advise the Commis- 
sion on scientific and technical matters relating to 
materials, production, and research and development, to 
be composed of nine members, who shall be appointed 
from civilian life by the President. Each member shall 
hold office for a term of six years, except that (a) any 
member appointed to fill a vacancy occurring prior to 
the expiration of the term for which his predecessor was 
appointed, shall be appointed for the remainder of such 
term; and (b) the terms of office of the members first 
taking office after August 1, 1946, shall expire, as desig- 
nated by the President at the time of appointment, three 
at the end of two years, three at the end of four years, and 
three at the end of six years, after August 1, 1946. The 
Committee shall designate one of its own members as 
Chairman. The Committee shall meet at least four times 
in every calendar year. The members of the Committee 
shall receive a per diem compensation for each day spent 
in meetings or conferences, and all members shall receive 
their necessary traveling or other expenses while engaged 
in the work of the Committee. 

"Sec. 27. Military Liaison Committee. — There is 
hereby established a Military Liaison Committee con- 
sisting of — 

"a. a Chairman, who shall be the head thereof and 
who shall be appointed by the President, by and 
with the advice and consent of the Senate, who shall 
serve at the pleasure of the President ; 24 and 

"b. a representative or representatives from each 
of the Departments of the Army, Navy, and Air 
Force, in equal numbers, as determined by the Sec- 
retary of Defense, to be assigned from each Depart- 
ment by the Secretary thereof, and who will serve 
without additional compensation. 
The Chairman of the Committee may designate one of 
the members of the Committee as Acting Chairman to 
act during his absence. The Commission shall advise 
and consult with the Department of Defense, through 
the Committee, on all atomic energy matters which the 
Department of Defense deems to relate to military ap- 
plications of atomic weapons or atomic energy including 
the development, manufacture, use, and storage of atomic 



is Public Law 85-2S7 (71 Stat. 612) (1957), sec. 3, added subsec. d. 
Public Law S«^26 (78 Stat. 400) (1904). sec. 306(f), amended the last 
sentence of this subsection by inserting "and" immediately before 'shall 
be removable by the General Manager and by deleting the last part ot 
the sentence which read : ", and shall receive compensation at a rate 
determined by the General Manager, but not in excess of $19,000 per 
annum". 

a* Public Law 88-426 (78 Stat. 400) (19H4K sen. 305(10) (B). repealed 
the phrase ". and who shall receive compensation fit the rate prescribed for 
an Assistant Secretary of Defense", which appeared after the word 
"President '. 



15 



weapons, the allocation of special nuclear material for 
military research, and the control of information relat- 
ing to the manufacture or utilization of atomic weapons ; 
and shall keep the Department of Defense, through the 
Committee, fully and currently informed of all such 
matters before the Commission. The Department of 
Defense, through the Committee, shall keep the Com- 
mission fully and currently informed on all matters 
within the Department of Defense which the Commis- 
sion deems to relate to the development or application 
of atomic energy. The Department of Defense, through 
the Committee, shall have the authority to make written 
recommendations to the Commission from time to time 
on matters relating to military applications of atomic 
energy as the Department of Defense may deem appro- 
priate. If the Department of Defense at any time con- 
cludes that any request, action, proposed action, or 
failure to act on the part of the Commission is adverse 
to the responsibilities of the Department of Defense, the 
Secretary of Defense shall refer the matter to the Presi- 
dent whose decision shall be final. 

"Sec. 28. Appointment or Army, Navy, or Air Force 
Officers. — Notwithstanding the provisions of any other 
law, the officer of the Army, Navy, or Air Force serving 
as Assistant General Manager for Military Application 
shall serve without prejudice to his commissioned status 
as such officer. Any such officer serving as Assistant Gen- 
eral Manager for Military Application shall receive in 
addition to his pay and allowances, including special 
and incentive pays, for which pay and allowances the 
Commission shall reimburse his service, an amount equal 
to the difference between such pay and allowances, in- 
cluding special and incentive pays, and the compensa- 
tion established for this position. 24a Notwithstanding the 
provisions of any other law, any active or retired officer 
of the Army, Navy, or Air Force may serve as Chairman 
of the Military Liaison Committee without prejudice to 
his active or retired status as such officer. Any such officer 
serving as Chairman of the Military Liaison Committee 
shall receive, in addition to his pay and allowances, in- 
cluding special and incentive pays, or in addition to his 
retired pay, an amount equal to the difference between 



Authority of 
Defense De- 
partment. 



Appointment 
of Army, Navy 
or Air Force 
officers. 
42 U.S.C. 
sec 2038. 



Chairman. Mili- 
tary Liaison 
Committee. 



- 1 " Public Law 90-190 (81 Stat. 575) (1967). sec. 6, amended the first 
two sentences of sec. 28. Prior to this amendment, these sentences read as 
follows : 

"Notwithstanding the provisions of any other law, any active officer of 
the Army. Navy, or Air Force may serve as Director of the Division of 
Military Application without prejudice to his commissioned status as 
such officer. Any such officer serving as Direr-tor of the Division of Mili- 
tary Application shall receive in addition to Ms pay and allowances, 
including special and incentive pays, an amount equal to the difference 
between such pay and allowances, including special and incentive pays. 
and the compensation established for this position pursuant to section 
30.°. or section 309 of the Federal Executive Salary Act of 1964." 

Public Law 88-426 (73 Stat. 400). sec. 306. had earlier amended the 
second sentence of sec. 28 by substituting the last phrase for the phrase 
"and the compensation prescribed in section 25". 



16 



Committee on 
Reactor 
Safeguards. 
42 U.S.C. 
sec. 2039. 



such pay and allowances, including special and incentive 
pays, or between his retired pay, and the compensation 
prescribed for the Chairman of the Military Liaison 
Committee. 

"Sec. 29. Advisory Committee ox Reactor Safe- 
guards. — There is hereby established an Advisory Com- 
mittee on Reactor Safeguards consisting of a maximum 
of fifteen members appointed by the Commission for 
terms of four years each. The Committee shall review 
safety studies and facility license applications referred to 
it and shall make reports thereon, shall advise the Com- 
mission with regard to the hazards of proposed or exist- 
ing reactor facilities and the adequacy of proposed re- 
actor safety standards, and shall perform such other 
duties as the Commission may request. One member shall 
be designated by the Committee as its Chairman. The 
members of the Committee shall receive a per diem com- 
pensation for each day spent in meetings or conferences, 
or other work of the Committee, and all members shall 
receive their necessary traveling or other expenses while 
engaged in the work of the Committee. The provisions of 
section 163 shall be applicable to the Committee. 24b 



"CHAPTER 4. RESEARCH 



Research 
assistance. 
42 U.S.C. 
sec. 2051. 



;, Se(\ 31. Research Assistance. — 
"a. The Commission is directed to exercise its powers 
in such manner as to insure the continued conduct of 
research and development and training 240 activities in 
the Holds specified below, by private or public institutions 
or persons, and to assist in the acquisition of an ever- 
expanding fund of theoretical and practical knowledge 
in such fields. To this end the Commission is authorized 
and directed to make arrangements (including con- 
tracts, agreements, and loans) for the conduct of research 
and development activities relating to — 
"(1) nuclear processes ; 

; '(2) the theory and production of atomic energy, 
including processes, materials, and devices related to 
such production : 

"(3) utilization of special nuclear material and 
radioactive material for medical, biological, agricul- 
tural, health, or military purposes : 

"(4) utilization of special nuclear material, 
atomic energy, and radioactive material and proc- 
esses entailed in the utilization or production of 
atomic energy or such material for all other pur- 
poses, including industrial or commercial uses, the 
Generation of usable enenrv. and the demonstration 



»* b Public Law 85-256 (71 Stat. 5761 (19571. sec. 5. added sec. 29. 
*** Public Liw 84-1006 (70 Stat. 1069) '1956), sec. 2, added the words 
'and training". 



17 



of advances in the commercial or industrial applica- 
tion of atomic energy ; 24d 

"(5) the protection of health and the promotion 
of safety during research and production activities ; 
and 

" (6) the preservation and enhancement of a viable 
environment by developing more efficient methods 
to meet the Nation's energy needs. 246 
"b. The Commission is further authorized to make 
grants and contributions to the cost of construction and 
operation of reactors and other facilities and other equip- 
ment to colleges, universities, hospitals, and eleemosy- 
nary or charitable institutions for the conduct of educa- 
tional and training activities relating to the fields in 
subsection a. 24f 

"c. The Commission may (1) make arrangements pur- 
suant to this section, without regard to the provisions of 
section 3709 of the Revised Statutes, as amended, upon 
certification by the Commission that such action is neces- 
sary in the interest of the common defense and security, 
or upon a showing by the Commission that advertising 
is not reasonably practicable; (2) make partial and ad- 
vance payments under such arrangements; and (3) make 
available for use in connection therewith such of its 
equipment and facilities as it may deem desirable. 

"d. The arrangements made pursuant to this section 
shall contain such provisions (1) to protect health, (2) 
to minimize danger to life or property, and (3) to require 
the reporting and to permit the inspection of work per- 
formed thereunder, as the Commission may determine. 
No such arrangement shall contain any provisions or 
conditions which prevent the dissemination of scientific 
or technical information, except to the extent such dis- 
semination is prohibited by law. 

"Sec. 32. Research by the Commission. — The Com- 
mission is authorized and directed to conduct, through 
its own facilities, activities and studies of the types speci- 
fied in section 31. 

"Sec. 33. Research for Others. — Where the Com- 
mission finds private facilities or laboratories are inade- 
quate for the purpose, it is authorized to conduct for other 
persons, through its own facilities, such of those activi- 



•** Public Law 91-560 (84 Stat. 1472) (1970), sec. 1, amended para- 
graph 31 a. (4) which read as follows: "Utilization of special nuclear 
material, atomic energy, and radioactivity material and processes entailed 
in the utilization or production of atomic energy or such material for all 
other purposes, Including industrial use, the generation of usable energy, 
and the demonstration of the practical value of utilization or production 
facilities for industrial or commercial purposes ; and". 

"•Public Law 92-84 (85 Stat. 304) (1971), sec. 201(a), added para- 
graph (fit. 

"'Public Law 84-1006 (70 Stat. 1069) (1956). sec. 3. added subsec. 
31 b. and redesignated former subsecs. 31 b. and c. as subsecs. 31 c. and d., 
respectively. 



Grants for con- 
struction of 
reactors, etc 



41 U.S.C. 

252(c). 

(See 41 U.S.C. 

260(b).) 



Research by the 
Commission. 
42 U.S.C. 
•ec 2052. 



Research for 
others. 



18 



ties and studies of the types specified in section 31 as it 
deems appropriate to the development of energy. 245 
To the extent the Commission determines that private 
facilities or laboratories are inadequate to the purpose, 
and that the Commission's facilities, or scientific or tech- 
nical resources have the potential of lending significant 
assistance to other persons in the fields of protection of 
public health and safety, the Commission may also assist 
other persons in these fields by conducting for such per- 
sons, through the Commission's own facilities, research 
and development or training activities and studies. The 
Commission is authorized to determine and make such 
charges as in its discretion may be desirable for the con- 
duct of the activities and studies referred to in this 
section. 2411 

"CHAPTER 5. PRODUCTION OF SPECIAL 
NUCLEAR MATERIAL 



Ownership and 
operation of 
production 
facilities. 
42 U.S.C. 
sec. 2061. 



Operation 
of the 

Commission's 
production 
facilities. 



"Sec. 41. Ownership and Operation of Production 
Facilities. — 

"a. Ownership of production facilities. — The 
Commission, as agent of and on behalf of the United 
States, shall be the exclusive owner of all produc- 
tion facilities other than facilities which (1) are 
useful in the conduct of research and development 
activities in the fields specified in section 31, and do 
not, in the opinion of the Commission, have a poten- 
tial production rate adequate to enable the user of 
such facilities to produce within a reasonable period 
of time a sufficient quantity of special nuclear ma- 
terial to produce an atomic weapon; or (2) are 
licensed by the Commission pursuant to section 103 
or 104. 

"b. Operation of the commission's production 
facilities. — The Commission is authorized and di- 
rected to produce or to provide for the production 
of special nuclear material in its own production 
facilities. To the extent deemed necessary, the 
Commission is authorized to make, or to continue 
in effect, contracts with persons obligating them to 



2, =-' Public Law 92-84 (85 Stat. 304) (1971L sec. 201(b). amended this 
sentence. Prior to amendment it read as follows : "Where the Commission 
finds private facilities or laboratories are inadequate to the purpose, it is 
authorized to conduct for other persons, through its own facilities, such 
of those activities ond studies of the types specified in section 31 as it 
deems appropriate to the development of atomic energy." 

^Public Law 90-190 (81 Stat. 575) (1967), sec. 7, amended sec. 33. 
Prior to amendment, the section reads as follows : 

"Sec. 33. Research for Others. — Where the Commission finds private 
facilities or laboratories are inadequate to the purpose, it is authorized 
to conduct for other persons, through its own fncilities, such of those ac- 
tivities and studies of the types specified in section 31 as it deems appro- 
priate to the development of atomic energy. The Commission is authorized 
to determine and make such charges as in its discretion may be desirable 
for the conduct of such activities and studies." 



19 



produce special nuclear material in facilities owned 
by the Commission. The Commission is also au- 
thorized to enter into research and development con- 
tracts authorizing the contractor to produce special 
nuclear material in facilities owned by the Commis- 
sion to the extent that the production of such spe- 
cial nuclear material may be incident to the conduct 
of research and development activities under such 
contracts. Any contract entered into under this sec- 
tion shall contain provisions (1) prohibiting the 
contractor from subcontracting any part of the work 
he is obligated to perform under the contract, except 
as authorized by the Commission ; and (2) obligating 
the contractor (A) to make such reports pertaining 
to activities under the contract to the Commission as 
the Commission may require, (B) to submit to in- 
spection by employees of the Commission of all such 
activities, and (C) to comply with all safety and 
security regulations which may be prescribed by the 
Commission. Any contract made under the provi- 
sions of this paragraph may be made without regard 
to the provisions of section 3709 of the Revised Stat- 
utes, as amended, upon certification by the Commis- 
sion that such action is necessary in the interest of 
the common defense and security, or upon a showing 
by the Commission that advertising is not reason- 
ably practicable. Partial and advance payments may 
be made under such contracts. 241 

"c. Operation of other production facilities. — 
Special nuclear material may be produced in the 
facilities which under this section are not required to 
be owned by the Commission. 
"Sec. 42. Irradiation of Materials. — The Commis- 
sion and persons lawfully producing or utilizing special 
nuclear material are authorized to expose materials of 
any kind to the radiation incident to the processes of 
producing or utilizing special nuclear material. 

"Sec. 43. Acquisition of Production Facilities. — 
The Commission is authorized to purchase any interest 
in facilities for the production of special nuclear mate- 
rials, or in real property on which such facilities are 
located, without regard to the provisions of section 3709 
of the Revised Statutes, as amended, upon certification 
by the Commission that such action is necessary in the 
interest of the common defense and security, or upon a 



41 u.s.c. 

252(c). 

(See 41 U.S.C. 

260(b).) 



Operation 
of other 
production 
facilities. 



Irradiation of 
materials. 
42 U.S.C. 
sec. 2062. 



Acquisition of 
production 
facilities. 
42 U.S.C. 
sec. 2063. 



44 U.S.C. 

252(c). 

(Sec. 41 U.S.C. 

260(b).) 



«" Public Law 90-190 (81 Stat. 575 (1967), sec. 8, deleted the last 
sentence of sec. 41b. which read as follows : "The President shall deter- 
mine in writing at least once each year tbe quantities of special nuclear 
material to be produced under this section and shall specify in such 
determination the quantities of special nuclear material to be available 
for distribution by the Commission pursuant to section 53 or 54." 



20 



Disposition of 
energy. 
42 U.S.C. 
sec. 2064. 



showing by the Commission that advertising is not 
reasonably practicable. Partial and advance payments 
may be made under contracts for such purposes. The 
Commission is further authorized to requisition, con- 
demn, or otherwise acquire any interest in such produc- 
tion facilities, or to condemn or otherwise acquire such 
real property, and just compensation shall be made 
therefor. 

"Sec. 44. Disposition or Energy. — If energy is pro- 
duced at production facilities of the Commission or is 
produced in experimental utilization facilities of the 
Commission, such energy may be used by the Commis- 
sion, or transferred to other Government agencies, or sold 
to publicly, cooperatively, or privately owned utilities 
or users at reasonable and nondiscriminatory prices. If 
the energy produced is electric energy, the price shall be 
subject to regulation by the appropriate agency having 
jurisdiction. In contracting for the disposal of such 
energy, the Commission shall give preference and pri- 
ority to public bodies and cooperatives or to privately 
owned utilities providing electric utility services to high 
cost areas not being served by public bodies or coopera- 
tives. Nothing in this Act shall be construed to author- 
ize the Commission to engage in the sale o.r distribution 
of energy for commercial use except such energy as may 
be produced by the Commission incident to the operation 
of research and development facilities of the Commis- 
sion, or of production facilities of the Commission. 



"CHAPTER 6. SPECIAL NUCLEAR MATERIAL 



Special nuclear 
material. 
42 U.S.C. 
sec. 2071. 



"Sec. 51. Special Nuclear Material. — The Commis- 
sion may determine from time to time that other ma- 
terial is special nuclear material in addition to that 
specified in the definition as special nuclear material. 
Before making any such determination, the Commission 
must find that such material is capable of releasing sub- 
stantial quantities of atomic energy and must find that 
the determination that such material is special nuclear 
material is in the interest of the common defense and 
security, and the President must have expressly assented 
in writing to the determination. The Commission's de- 
termination, together with the assent of the President, 
shall be submitted to the Joint Committee and a period 
of thirty days shall elapse while Congress is in session 
(in computing such thirty days, there shall be excluded 
the days on which either House is not in session because 
of an adjournment for more than three days) before the 
determination of the Commission may become effective : 
Provided, however, That the Joint Committee, after hav- 



21 

ing received such determination, may by resolution in 
writing, waive the conditions of or all or any portion of 
such thirty-day period. aWiSnsTs**** 1 ' 

"Sec. 53. 25 Domestic Distribution of Special Nu- 42 u.s.c. 
clear Material.— sec * 2078 

"a. The Commission is authorized (i) to issue licenses 
to transfer or receive in interstate commerce, transfer, 
deliver, acquire, possess, own, receive possession of or 
title to, import, or export under the terms of an agree- 
ment for cooperation arranged pursuant to section 123, 
special nuclear material, (ii) to make special nuclear ma- 
terial available for the period of the license, and, (iii) to 
distribute special nuclear material within the United 
States to qualified applicants requesting such material — 26 
"(1) for the conduct of research and development 
activities of the types specified in section 31 ; 

"(2) for use in the conduct of research and devel- 
opment activities or in medical therapy under a 
license issued pursuant to section 104 ; 

"(3) for use under a license issued pursuant to 
section 103; 

"(4) for such other uses as the Commission deter- 
mines to be appropriate to carry out the purposes 
of this Act. 27 
"b. The Commission shall establish, by rule, minimum 
criteria for the issuance of specific or general licenses for 
the distribution of special nuclear material depending 
upon the degree of importance to the common defense 
and security or to the health and safety of the public of — 
"(1) the physical characteristics of the special 
nuclear material to be distributed ; 

"(2) the quantities of special nuclear material to 
be distributed ; and 



"Public Law 88-489 (78 Stat. 602) (1964), sec. 4, reads as follows: 

"Section 52 of the Atomic Energy Act of 1954, as amended, is repealed. 
All rights, title, and interest in and to any special nuclear material 
vested in the United States solely by virtue of the provisions of the first 
sentence of such section 52, and not by any other transaction authorized 
by the Atomic Energy Act of 1954, as amended, or other applicable law, 
are hereby extinguished." 

Section 52 read as follows : 

"Sec. 52. Government Ownership op All Special Nuclear Mate- 
rial. — All rights, title, and interest in or to any special nuclear material 
within or under the jurisdiction of the United States, now or hereafter 
produced, shall be the property of the United States and shall be ad- 
ministered and controlled by the Commission as agent of and on behalf 
of the United States by virtue of this Act. Any person owning any 
interest in any special nuclear material at the time when such material 
is hereafter determined to be a special nuclear material shall be paid just 
compensation therefor. Any person who lawfuly produces any special 
nuclear material, except pursuant to a contract with the Commission 
under the provisions of section 31 or 41, shall be paid a fair price, deter- 
mined pursuant to section 56, for producing such material." 

"Public Law 88-489 (78 Stat. 602) (1964), sec. 5, amended this sub- 
jection. Before amendment, this subsection read : 

"a. The Commission is authorized to issue licenses for the possession 
of, to make available for the period of the license, and to distribute 
special nuclear material within the United States to qualified applicants 
requesting such material — " 

» Public Law 85-681 (72 Stat. 632) (1958), sec. 1, added clause (4). 



22 

"(3) the intended use of the special nuclear ma- 
terial to be distributed. 
"c. (1) The Commission may distribute special nuclear 
material licensed under this section by sale, lease, lease 
with option to buy, grant, or through the provision of 
production or enrichment services : 27a Provided, how- 

DistributioD ever, That unless otherwise authorized by law, the Com- 
mission shall not after December 31, 1970, distribute 
special nuclear material except by sale or through the 
provision of production or enrichment services 27a to any 
person who possesses or operates a utilization facility 
under a license issued pursuant to section 103 or 104 b. for 
use in the course of activities under such license ; nor shall 
the Commission permit any such person after June 30, 
1973, to continue leasing for use in the course of such 
activities special nuclear material previously leased to 
such person by the Commission. 

"(2) The Commission shall establish reasonable sales 
prices for the special nuclear material licensed and dis- 
tributed by sale under this section. Such sales prices shall 
be established on a nondiscriminatory basis which, in the 
opinion of the Commission, will provide reasonable com- 
pensation to the Government for such special nuclear 
material. 

" (3) The Commission is authorized to enter into agree- 

AgreementB. ments with licensees for such period of time as the Com- 
mission may deem necessary or desirable to distribute to 
such licensees such quantities of special nuclear material 
as may be necessary for the conduct of the licensed activ- 
ity. In such agreements, the Commission may agree to 
repurchase any special nuclear material licensed and dis- 
tributed by sale which is not consumed in the course of 
the licensed activity, or any uranium remaining after 
irradiation of such special nuclear material, at a repur- 
chase price # not to exceed the Commission's sale price for 
comparable special nuclear material or uranium in effect 
at the time of delivery of such material to the Commis- 
sion. 

charges. u (4) The Commission may make a reasonable charge, 

determined pursuant to this section, for the use of special 
nuclear material licensed and distributed by lease under 
subsection 53 a. (1), (2) or (4) 28 and shall make a rea- 
sonable charge determined pursuant to this section for the 
use of special nuclear material licensed and distributed 
by lease under subsection 53 a, (3). The Commission 
shall establish criteria in writing for the determination 



278 Public Law 90-190 (81 Stat. 575) (1967), sec. 10, added the phrase 
"or throusrb the provision of production or enrichment services'*. 

28 Public Law 85-681 (72 Stat. 632) (1958). sec. 2, amended subsec. c. 
of sec. 53. Before amendment this phrase and the same phrase in the 
next sentence read "subsection 53 a. (1) or subsection 53 a. (2)". See 
footnote 29. 



23 

of whether special nuclear material will be distributed 
by grant and for the determination of whether a charge 
will be made for the use of special nuclear material 
licensed and distributed by lease under subsection 53 a. 
(1) , (2) or (4) , considering, among other things, whether 
the licensee is a nonprofit or eleemosynary institution 
and the purposes for which the special nuclear material 
will be used. 29 

"d. In determining the reasonable charge to be made 
by the Commission for the use of special nuclear material 
distributed by lease 30 to licensees of utilization or pro- 
duction facilities licensed pursuant to section 103 or 104, 
in addition to consideration of the cost thereof, the Com- 
mission shall take into consideration — 

"(1) the use to be made of the special nuclear 
material ; 

"(2) the extent to which the use of the special 
nuclear material will advance the development of the 
peaceful uses of atomic energy ; 

"(3) the energy value of the special nuclear ma- 
terial in the particular use for which the license is 
issued ; 

"(4) whether the special nuclear material is to be 
used in facilities licensed pursuant to section 103 or 
104. In this respect, the Commission shall, insofar 
as practicable, make uniform, nondiscriminatory 
charges for the use of special nuclear material dis- 
tributed to facilities licensed pursuant to section 
103 ; and 

"(5) with respect to special nuclear material con- 
sumed in a facility licensed pursuant to section 103, 
the Commission shall make a further charge equiva- 
lent to the sale price for similar special nuclear ma- 
terial established by the Commission in accordance 
with subsection 53 c. (2), and the Commission may 
make such a charge with respect to such material 
consumed in a facility licensed pursuant to section 
104. 31 



29 Public Law 88-489 (78 Stat. 602) (1964), sec. 6, amended subsec. 
53c. Before amendment, this subsection read : 

"c. The Commission may make a reasonable charge, determined pur- 
suant to this section, for the use of special nuclear material licensed and 
distributed under subsection 53 a. (1), (2) or (4) and shall make a 
reasonable charge determined pursuant to this section for the use of 
special nuclear material licensed and distributed under subsection 53 a. 
(3). The Commission shall establish criteria in writing for the deter- 
mination of whether a charge will be made for the use of special nuclear 
material licensed and distributed under subsection 53 a. (1), (2) or (4) 
considering, among other things, whether the licensee is a nonprofit or 
eleemosynary institution and the purposes for which the special nuclear 
material will be used." 

s° Public Law 8S-4S9 (78 Stat. 602) (1964). sec. 7, added the words 
"by lease*'. 

» Public Law 88-489 (78 Stat. 602) (1064. sec. 7. amended this 
paragraph. Before amendment this paragraph read : 

(Continued) 



24 



License condi- 
tions. 



Distribution 
for independ- 
ent research, 
etc. 



"e. Each license issued pursuant to this section shall 
contain and be subject to the following conditions — 

"(2) 32 no right to the special nuclear material 
shall be conferred by the license except as defined by 
the license; 

"(3) neither the license nor any right under the 
license shall be assigned or otherwise transferred in 
violation of the provisions of this Act; 

"(4) all special nuclear material shall be subject 
to the right of recapture or control reserved by sec- 
tion 108 and to all other provisions of this Act ; 

"(5) no special nuclear material may be used in 
any utilization or production facility except in ac- 
cordance with the provisions of this Act; 

"(6) special nuclear material shall be distributed 
only on terms, as may be established by rule of the 
Commission, such that no user will be permitted to 
construct an atomic weapon ; 

"(7) special nuclear material shall be distributed 
only pursuant to such safety standards as may be 
established by rule of the Commission to protect 
health and to minimize danger to life or property; 
and 

"(8) except to the extent that the indemnification 
and limitation of liability provisions of section 170 
apply, the license will hold the United States and 
the Commission harmless from any damages result- 
ing from the use or possession of special nuclear 
material by the licensee. 33 
"f. The Commission is directed to distribute within 
the United States sufficient special nuclear material to 
permit the conduct of widespread independent research 
and development activities to the maximum extent prac- 
ticable. 3 -^ In the event that applications for special nu- 
clear material exceed the amount available for distribu- 
tion, preference shall be given to those activities which 
are most likely, in the opinion of the Commission, to 
contribute to basic research, to the development of peace- 
time uses of atomic energy, or to the economic and mili- 
tary strength of the Nation. 

(Continued) 

"(5) with respect to special nuclear material consumed in a facility 
licensed pursuant to section 103. the Commission shall make a further 
charge based on the cost to the Commission, as estimated by the Com- 
mission, or the average fair price paid for the production of such special 
nuclear material as determined by section 56, whichever is lower." 

32 Public Law 88-48S (78 Stat. 602) (1964), sec. 8, deleted, subsec. 
53 e. (1). Subsec. 53 e. (1) read : 

"(1) title to all special nuclear material shall at all times be in the 
United States:" 

«b Public Law 85-256 (71 Stat. 576) (1957), sec. 2 amended sec. 53 e. 
(8). Before amendment this subsection read : 

"(8) the licensee will hold the United States and the Commission 
harmless from any damages resulting from the use or possession of special 
nuclear material by the licensee." 

33» Public Law 90-190 (81 Stat. 575) (1967), sec. 9. deleted the fol- 
lowing phrase which appeared at the end of this sentence : "and within 
the limitations set by the President pursuant to section 41." 






25 

"Sec. 54. Foreign Distribution of Special Nuclear ^"u 11 ^ 1 ? 
Material. — a. The Commission is authorized to cooper- special nuclear 
ate with any nation or group of nations by distributing Jjf ufs?c. 
special nuclear material and to distribute such special 8ec - 2074 
nuclear material, pursuant to the terms of an agreement 
for cooperation to which such nation or group of nations 
is a party and which is made in accordance with section 
123. Unless hereafter otherwise authorized by law the 
Commission shall be compensated for special nuclear 
material so distributed at not less than the Commis- 
sion's published charges applicable to the domestic dis- 
tribution of such material, except that the Commission 
to assist and encourage research on peaceful uses or for 
medical therapy may so distribute without charge during 
any calendar year only a quantity of such material which 
at the time of transfer does not exceed in value $10,000 in 
the case of one nation or $50,000 in the case of any group 
of nations. The Commission may distribute to the Inter- 
national Atomic Energy Agency, or to any group of na- 
tions, only such amounts of special nuclear materials and 
for such period of time as are authorized by Congress : 
Provided, however, That, (i) notwithstanding this pro- 
vision, the Commission is hereby authorized, subject to 
the provisions of section 123, to distribute to the Agency 
five thousand kilograms of contained uranium-235, five 
hundred grams of uranium-233, and three kilograms of 
plutonium, together with the amounts of special nuclear 
material which will match in amount the sum of all quan- 
tities of special nuclear materials made available by all 
other members of the Agency to June 1, 1960; and (ii) 
notwithstanding the foregoing provisions of this sub- 
section, the Commission may distribute to the Interna- 
tional Atomic Energy Agency, or to any group of na- 
tions, such other amounts of special nuclear materials 
and for such other periods of time as are established in 
writing by the Commission: Provided, however, That 
before they are established by the Commission pursuant 
to this subdivision (ii), such proposed amounts and 
periods shall be submitted to the Congress and referred 
to the Joint Committee and a period of sixty days shall 
elapse while Congress is in session (in computing such 
sixty days, there shall be excluded the days on which 
either House is not in session because of adjournment of 
more than three days) : And provided further, That any 
such proposed amounts and periods shall not become 
effective if during such sixty-day period the Congress 
passes a concurrent resolution stating in substance that 
it does not favor the proposed action: And provided 
further, That prior to the elapse of the first thirty days 
of any such sixty-day period the Joint Committee shall 



65-234—76- 



26 



Purchase of 
special nuclear 
material. 



Foreign 

distribution 
of certain 
materials. 



submit a report to the Congress of its views and recom- 
mendations respecting the proposed amounts and periods 
and an accompanying proposed concurrent resolution 
stating in substance that the Congress favors, or does not 
favor, as the case may be, the proposed amounts or 
periods. The Commission may agree to repurchase any 
special nuclear material distributed under a sale arrange- 
ment pursuant to this subsection which is not consumed 
in the course of activities conducted in accordance with 
the agreement for cooperation, or any uranium remain- 
ing after irradiation of such special nuclear material, at 
a repurchase price not to exceed the Commission's sale 
price for comparable special nuclear material or uranium 
in effect at the time of delivery of such material to the 
Commission. The Commission may also agree to pur- 
chase, consistent with and within the period of the agree- 
ment for cooperation, special nuclear material produced 
in a nuclear reactor located outside the United States 
through the use of special nuclear material which was 
leased or sold pursuant to this subsection. Under any such 
agreement the Commission shall purchase only such ma- 
terial as is delivered to the Commission during any 
period w T hen there is in effect a guaranteed purchase price 
for the same material produced in a nuclear reactor by 
a person licensed under section 104, established by the 
Commission pursuant to section 56, and the price to be 
paid shall be the price so established by the Commission 
and in effect for the same material delivered to the Com- 
mission. 

"b. Notwithstanding the provisions of sections 123, 124, 
and 125, the Commission is authorized to distribute to 
any person outside the United States ( 1 ) plutonium con- 
taining 80 per centum or more by weight of plutonium- 
238, and (2) other special nuclear material when it has, 
in accordance with subsection 57 d., exempted certain 
classes or quantities of such other special nuclear material 
or kinds of uses or users thereof from the requirements 
for a license set forth in this chapter. Unless hereafter 
otherwise authorized by law, the Commission shall be 
compensated for special nuclear material so distributed 
at not less than the Commission's published charges ap- 
plicable to the domestic distribution of such material. 
The Commission shall not distribute any plutonium con- 
taining 80 per centum or more by weight of plutonium- 
238 to any person under this subsection if, in its opinion, 
such distribution would be inimical to the common de- 
fense and security. The Commission may require such 
reports regarding the use of material distributed pur- 
suant to the provisions of this subsection as it deems 
necessary. 



27 

"c. The Commission is authorized to license or other- 
wise permit others to distribute special nuclear material 
to any person outside the United States under the same 
conditions, except as to charges, as would be applicable 
if the material were distributed by the Commission. 34 

"Sec. 55. Acquisition. — The Commission is author- t^xLs.c? 11 ' 
ized, to the extent it deems necessary to effectuate the pro- sec. - 
visions of this Act. to purchase without regard to the 
limitations in section 54 or any guaranteed purchase 
prices established pursuant to section 56, and to take. 
requisition, condemn, or otherwise acquire any special 
nuclear material or any interest therein. Any contract 
of purchase made under this section may be made without Is^Yc?* ' 
regard to the provisions of section 3709 of the Revised (see 4i use. 
statutes, as amended, upon certification by the Commis- 
sion that such action is necessary in the interest of the 
common defense and security, or upon a showing by the 
Commission that advertising is not reasonably practi- 



260(b).) 



» Section 2 of Public Law 93-377 (88 Stat. 473) (1974), amended 
section 54. Previously section 54 read as follows : 

"Sec. 54. Foreign Distribution of Special Nuclear Material. — The 
Commission is authorized to cooperate with any nation by distributing 
special nuclear material and to distribute such special nuclear material, 
pursuant to the terms of an agreement for cooperation to which such 
nation is a party and which is made in accordance with section 123. 
Unless hereafter otherwise authorized by law the Commission shall be 
compensated for special nuclear material so distributed at not less than 
the Commission's published charges applicable to the domestic distribu- 
tion of such material, except that the Commission to assist and encourage 
research on peaceful uses or for medical therapy may so distribute with- 
out charge during any calendar year only a quantity of such material 
which at the time of transfer does not exceed in value $10,000 in the case 
of one nation or $50,000 in the case of any group of nations. The Com- 
mission may distribute to the International Atomic Energy Agency, or to 
any group of nations, only such amounts of special nuclear materials and 
for such periods of time as are authorized by Congress : Provided, how- 
ever, That, notwithstanding this provision, the Commission is hereby 
authorized subject to the provisions of section 123. to distribute to the 
Agency five thousand kilograms of contained uranium-235, five hundred 
grams of uranium 233 and three kilograms of Plutonium together with 
the amounts of special nuclear material which will match in amount the 
sum of all quantities of special nuclear materials made available by all 
other members of the Agency to July 1, 1960. The Commission may agree 
to repurchase any special nuclear material distributed under a sale 
arrangement pursuant to this section which is not consumed in the course 
of the activities conducted in accordance with the agreement for coopera- 
tion, or any uranium remaining after irradiation of such special nuclear 
material, at a repurchase price not to exceed the Commission s sale price 
for comparable special nuclear material or uranium in effect at the time 
of delivery of such material to the Commission. The Commission may 
also agree to purchase, consistent with and within the period of the agree- 
ment for cooperation, special nuclear material produced in a nuclear 
reactor located outside the United States through the use of special 
nuclear material which was leased or sold pursuant to this section. Under 
any such agreement, the Commission shall purchase only such material 
as is delivered to the Commission during any period when there is in 
effect a guaranteed purchase price for the same material produced in a 
nuclear reactor by a person licensed under section 104. established by 
the Commission pursuant to section 56. and the price to be paid shall be 
the price so established by the Commission and in effect for the same 
material delivered to the Commission." -' M 



a 3 - 38 Public Law 88-487 (78 Stat. 602) H964) had added the last three 
sentences to section 54. Public Law 87-206 (75 Stat. 475) (1961) sec. 4. 
had added the words "'five hundred grams of uranium 233 and three kilo- 
grams of piutoninm ' to the proviso in this section. Public Law 85—177 
(71 Stat. 453) (1957). sec. 7. had added the second and third sentences,, 
including the proviso, to sec. 54. 



28 



Guaranteed 
purchase prices 
42 U.S.C. 
sec. 2076. 



Unauthorized 
handling. 
42 U.S.C. 
•ec 2077 



cable. Partial and advance payments may be made under 
contracts for such purposes. Just compensation shall be 
made for any right, property, or interest in property 
taken, requisitioned, or condemned under this section.^ 7 

"Sec. 56. Guaranteed Purchase Prices. — The Com- 
mission shall establish guaranteed purchase prices for 
plutonium produced in a nuclear reactor by a person 
licensed under section 104 and delivered to the Commis- 
sion before January 1, 1971. The Commission shall also 
establish for such periods of time as it may deem neces- 
sary but not to exceed ten years as to any such period, 
guaranteed purchase prices for uranium enriched in the 
isotope 233 produced in a nuclear reactor by a person 
licensed under section 103 or section 104 and delivered 
to the Commission within the period of the guarantee. 3721 
Guaranteed purchase prices established under the author- 
ity of this section shall not exceed the Commission's 
determination of the estimated value of plutonium or 
uranium enriched in the isotope 233 as fuel in nuclear 
reactors, and such prices shall be established on a non- 
discriminatory basis : Provided, That the Commission is 
authorized to establish such guaranteed purchase prices 
only for such plutonium or uranium enriched in the iso- 
tope 233 as the Commission shall determine is produced 
through the use of special nuclear material which was 
leased or sold by the Commission pursuant to section 53. 38 

"Sec. 57. Prohibition. — 

"a. Unless authorized by a general or specific license 
issued by the Commission, which the Commission is au- 
thorized to issue pursuant to section 53, no person may 
transfer or receive in interstate commerce, transfer, de- 
liver, acquire, own, possess, receive possession of or title 
to. or import into or export from the United States may 
special nuclear material. 



^Public Law 88-489 (78 Stat. 602) (1964), sec. 10. amendedd sec. 55 
by substituting a complete new sec. 55. Before amendment sec. 55 read as 
follows : 

"Sec. 55. Acquisition. — The Commission is authorized to purchase 
or otherwise acquire any special nuclear material or any interest therein 
outside the United States without regard to the provisions of section 
3709 of the Revised Statutes, as amended, upon certification by the 
Commission that such action is necessary in the interest of the common 
defense and security, or upon a showing by the Commission that ad- 
vertising is not reasonably practicable. Partial and advance payments 
may be made under contracts for such purposes." 

37a Public Law 91-560 (84 Stat. 1472) (1970), sec. 2, added "section 103 
or" to this sentence. 

s 8 Public Law 88-489 (78 Stat. 602) (1964), sec. 11 amended sec. 56 by 
substituting a new sec. 56. Before amendment sec. 56 read as follows : 

"Sec. 56. Fair Price. — In determining the fair price to be paid by 
the Commission pursuant to section 52 for the production of any special 
nuclear material, the Commission shall take into consideration the value 
of the special nuclear material for its intended use by the United States 
and may give such weight to the actual cost of producing that material as 
the Commission finds to be equitable. The fair price, as may be deter- 
mined by the Commission, shall apply to all licensed producers of the 
same material : Provided, however, That the Commission may establish 
guaranteed fair prices for all special nuclear material delivered to the 
Commission for such period of time as it may deem necessary but not 
to exceed seven years." 



29 



"b. It shall be unlawful for any person to directly or 
indirectly engage in the production of any special nuclear 
material outside of the United States except (1) under 
an agreement for cooperation made pursuant to section 
123, or (2) upon authorization by the Commission after 
a determination that such activity will not be inimical 
to the interest of the United States, 
"c. The Commission shall not — 

"(1) distribute any special nuclear material to 
any person for a use which is not under the jurisdic- 
tion of the United States except pursuant to the pro- 
visions of section 54; or 

"(2) distribute any special nuclear material or 
issue a license pursuant to section 53 to any person 
within the United States if the Commission finds 
that the distribution of such special nuclear material 
or the issuance of such license would be inimical to 
the common defense and security or would constitute 
an unreasonable risk to the health and safety of the 
public, 
"d. The Commission is authorized to establish classes 
of special nuclear material and to exempt certain classes 
or quantities of special nuclear material or kinds of uses 
or users from the requirements for a license set forth in 
this section when it makes a finding that the exemption 
of such classes or quantities of special nuclear material 
or such kinds of uses or users would not be inimical to 
the common defense and security and would not consti- 
tute an unreasonable risk to the health and safety of the 
public. 39 

"Sec. 58. Review. — Before the Commission establishes 
any guaranteed purchase price or guaranteed purchase 
price period in accordance with the provisions of section 
56, or establishes any criteria for the waiver of any charge 



39 Section 3 of Public Law 93-377 (SS Stat. 475) (1074) added new 
subsec. d to sec. 57. Previously Public Law 88-489 (78 Stat. 602) (1964), 
sec. 12, amended sec. 57 by substituting a complete new sec. 57. Before 
amendment sec. 57 read as follows : 
"Sec. 57. Prohibition. — 
"a. It shall be unlawful for any person to — 

"(1) possess or transfer any special nuclear material which is 
the property of the United States except as authorized by the Com- 
mission pursuant to subsection 53 a. ; 

"(2) transfer or receive any special nuclear material in inter- 
state commerce except as authorized by the Commission pursuant 
to subsection 53 a., or export from or import into the United States 
any special nuclear material ; and 

"(3) directly or indirectly engage in the production of any special 
nuclear material outside of the United States except (A) under an 
agreement for cooperation made pursuant to section 123, or (B) upon 
authorization by the Commission after a determination that such 
activity will not be inimical to the interest of the United States. 
"b. The Commission shall not distribute any special nuclear material — 
"(1) to any person for a use which is not under the jurisdiction 
of the United States except pursuant to the provisions of section 
54 ; or 

"(2) to any person within the United States, if the Commission 
finds that the distribution of such special nuclear material to such 
person would be inimical to the common defense and security." 



Certain 
exemptions. 



Congressional 
review. 
42 U.S.C. 
sec. 2078. 



30 



for the use of special nuclear material licensed and dis- 
tributed under section 53, the proposed guaranteed pur- 
chase price, guaranteed purchase price period, or criteria 
for the waiver of such charge shall be submitted to the 
Joint Committee and a period of forty-five days shall 
elapse while Congress is in session (in computing such 
forty-five days there shall be excluded the days in which 
either House is not in session because of adjournment for 
more than three days) : Provided, however, That the 
Joint Committee, after having received the proposed 
guaranteed purchase price, guaranteed purchase price 
period, or criteria for the waiver of such charge, may by 
resolution in writing waive the conditions of, or all or 
any portion of, such forty-five day period. 40 41 



Source 
material. 
42 U.S.C. 
see. 2091. 



Submittal of 
determination 
to Joint Com- 
mittee. 



License for 
transfers 
required. 
42 U.S.C. 
sec. 2092. 



"CHAPTER 7. SOURCE MATERIAL 

"Sec. 61. Source Material. — The Commission may 
determine from time to time that other material is source 
material in addition to those specified in the definition 
of source material. Before making such determination, 
the Commission must find that such material is essential 
to the production of special nuclear material and must 
find that the determination that such material is source 
material is in the interest of the common defense and 
security, and the President must have expressly assented 
in writing to the determination. The Commission's de- 
termination, together with the assent of the President, 
shall be submitted to the Joint Committee and a period 
of thirty days shall elapse while Congress is in session 
(in computing such thirty days, there shall be excluded 
the days on which either House is not in session because 
of an adjournment of more than three days) before the 
determination of the Commission may become eif ective : 
Provided, however, That the Joint Committee, after 
having received such determination, may by resolution 
in writing waive the conditions of or all or any portion of 
such thirty-day period. 

"Sec. 62. License for Transfers Required. — Unless 
authorized by a general or specific license issued by the 
Commission, which the Commission is hereby authorized 



*° Public Law 85-79 (71 Stat. 274) (1957), added sec. 58. See foot- 
note 41. 

« Public Law 88-489 (78 Stat. 602) (1964), sec. 13. amended sec. 58 
by substituting a complete new sec. 58. Before amendment sec. 58 read as 
follows : 

"Sec. 58. Review. — Before the Commission establishes any fair price 
or guaranteed fair price period in accordance with the provisions of 
section 56, or establishes any criteria for the waiver of any charge for 
the use of special nuclear material licensed or distributed under section 53 
the proposed fair price, guaranteed fair price period, or criteria for the 
waiver of such charge shall be submitted to the Joint Committee, and a 
period of forty-five days shall elapse while Congress is in session (in 
computing such forty-five days there shall be excluded the days in which 
either House is not in session because of adjournment for more than three 
days) : Provided, however, That the Joint Committee, after having re- 
ceived the proposed fair price, guaranteed fair prices period, or criteria 
for the waiver of such charge, may by resolution waive the conditions of 
or all or any portion of such forty-five day period." 



31 



to issue, no person may transfer or receive in interstate 
commerce, transfer, deJiver, receive possession of or title 
to, or import into or export from the United States any 
source material after removal from its place of deposit in 
nature, except that licenses shall not be required for 
quantities of source material which, in the opinion of the 
Commission, are unimportant. 

"Sec. 63. Domestic Distribution of Source Mate- 
rial. — 

"a. The Commission is authorized to issue licenses 

for and to distribute source material within the United 

States to qualified applicants requesting such material — 

"(1) for the conduct of research and development 

activities of the types specified in section 31 ; 

"(2) for use in the conduct of research and devel- 
opment activities or in medical therapy under a li- 
cense issued pursuant to section 104 ; 

"(3) for use under a license issued pursuant to 
section 103 ; or 

"(4) for any other use approved by the Commis- 
sion as an aid to science or industry, 
"b. The Commission shall establish, by rule, minimum 
criteria for the issuance of specific or general licenses 
for the distribution of source material depending upon 
the degree of importance to the common defense and 
security or to the health and safety of the public of — 
"(1) the physical characteristics of the source 
material to be distributed ; 

"(2) the quantities of source material to be dis- 
tributed; and 

" (3) the intended use of the source material to be 
distributed. 
"c. The Commission may make a reasonable charge 
determined pursuant to subsection 161 m. for the source 
material licensed and distributed under subsection 63 a. 
(1), subsection 63 a. (2), or subsection 63 a. (4), and 
shall make a reasonable charge determined pursuant to 
subsection 161 m., for the source material licensed and 
distributed under subsection 63 a. (3). The Commis- 
sion shall establish criteria in writing for the determina- 
tion of whether a charge will be made for the source 
material licensed and distributed under subsection 63 a. 
(1), subsection 63 a. (2), or subsection 63 a. (4), con- 
sidering, among other things, whether the license is a 
nonprofit or eleemosynary institution and the purposes 
for which the source material will be used. 

"Sec. 64. Foreign Distribution or Source Mate- 
rial. — The Commission is authorized to cooperate with 
any nation by distributing source material and to dis- 
tribute source material pursuant to the terms of an agree- 
ment for cooperation to which such nation is a party and 
which is made in accordance with section 123. The Com- 
mission is also authorized to distribute source material 



Domestic 
distribution 
of source 
material. 
42 U.S.C. 
sec. 209S. 



Charges. 



Foreign 
distribution 
of source 
material. 
42 U.S.C. 
sec. 2094. 



32 



Reporting. 
42 U.S.C. 
sec. 2095. 



Acquisition. 
42 U.S.C. 
iec. 2096. 



41 r.s.c. 

252(c). 

(See 41 U.S.C. 

260(b).) 



Operations on 
lands belonging 
to the United 
States. 
42 U.S.C. 
sec. 2097. 



outside of the United States upon a determination by the 
Commission that such activity will not be inimical to the 
interests of the United States. 

"Sec. 65. Reporting. — The Commission is authorized 
to issue such rules, regulations, or orders requiring re- 
ports of ownership, possession, extraction, refining, ship- 
ment, or other handling of source material as it may deem 
necessary, except that such reports shall not be required 
with respect to (a) any source material prior to removal 
from its place of deposit in nature, or (b) quantities of 
source material which in the opinion of the Commission 
are unimportant or the reporting of which will discour- 
age independent prospecting for new deposits. 

"Sec 66. Acquisition. — The Commission is author- 
ized and directed, to the extent it deems necessary to 
effectuate the provisions of this Act — 

"a. to purchase, take, requisition, condemn, or 
otherwise acquire supplies of source material; 

"b. to purchase, condemn, or otherwise acquire 
any interest in real property containing deposits of 
source material; and 

"c. to purchase, condemn, or otherwise acquire 
rights to enter upon any real property deemed by the 
Commission to have possibilities of containing de- 
posits of source material in order to conduct pros- 
pecting and exploratory operations for such de- 
posits. 
Any purchase made under this section may be made with- 
out regard to the provisions of section 3709 of the Re- 
vised Statutes, as amended, upon certification by the 
Commission that such action is necessary in the interest 
of the common defense and security, or upon a showing 
by the Commission that advertising is not reasonably 
practicable. Partial and advanced payments may be 
made under contracts for such purposes. The Commis- 
sion may establish guaranteed prices for all source mate- 
rial delivered to it within a specified time. Just compen- 
sation shall be made for any right, property, or interest 
in property taken, requisitioned, condemned, or other- 
wise acquired under this section. 

"Sec. 67. Operations on Lands Belonging to the 
United States. — The Commission is authorized, to the 
extent it deems necessary to effectuate the provisions of 
this Act, to issue leases or permits for prospecting for, 
exploration for, mining of, or removal of deposits of 
source material in lands belonging to the United States : 
Provided^ however, That notwithstanding any other pro- 
visions of law, such leases or permits may be issued for 
lands administered for national park, monument, and 
wildlife purposes only when the President by Executive 
Order declares that the requirements of the common de- 
fense and security make such action necessary. 



33 

"Sec. 68. Public and Acquired Lands.— 42 ^!!L an l^ 

"a. JNo individual, corporation, partnership, or associa- 42 u.s.c 
tion, which had any part, directly or indirectly, in the see ' 2l 
development of the atomic energy program, may benefit 
by any location, entry, or settlement upon the public do- 
main made after such individual, corporation, partner- 
ship, or association took part in such project, if such in- 
dividual, corporation, partnership, or association, by rea- 
son of having had such part in the development of the 
atomic energy program, acquired confidential official in- 
formation as to the existence of deposits of such uranium, 
thorium, or other materials in the specific lands upon 
which such location, entry, or settlement is made, and 
subsequent to the date of the enactment of this Act made 
such location, entry, or settlement or caused the same to 
be made for his, or its, or their benefit. 

'*b. Any reservation of radioactive mineral substances, ^e^ation 
fissionable materials, or source material, together with 
the right to enter upon the land and prospect for, mine, 
and remove the same, inserted pursuant to Executive 
Order 9613 of September 13, 1945, Executive Order 9701 
of March 4, 1946, the Atomic Energy Act of 1946, or 
Executive Order 9908 of December 5, 1947, in any patent, 
conveyance, lease, permit, or other authorization or in- 
strument disposing of any interest in public or acquired 
lands of the United States, is hereby released, remised, 
and quitclaimed to the person or persons entitled upon 
the date of this Act under the grant from the United 
States or successive grants to the ownership, occupancy, 
or use of the land under applicable Federal or State 
laws : Provided, however, That in cases where any such 
reservation on acquired lands of the United States has 
been heretofore released, remised, or quitclaimed subse- 
quent to August 12, 1954, in reliance upon authority 
deemed to have been contained in the Atomic Energy 
Act of 1946, as amended, or the Atomic Energy Act of 
1954, as heretofore amended, the same shall be valid and 
effective in all respects to the same extent as if public 
lands and not acquired lands had been involved. The 
foregoing release shall be subject to any rights which 
may have been granted by the United States pursuant to 
any such reservation, but the releases shall be subrogated 
to the rights of the United States. 43 

"Public Law S5-6S1 (72 Stat. 632) (195S). sec. 3. amended the title 
to sec. 6S. Before amendment it read "Public Lands." 

"Public Law S5-681 (72 Stat. 632) (1958). sec. 3, amended sec. 6S 
by substituting a new subsec. b. Before amendment subsec. b. read as 
follows : 

"b. In cases where any patent, conveyance, lease, permit, or other 
authorization has been issued, which reserved to the United States 
source materials and the right to enter upon the land and prospect for. 
mine, and remove the same, the head of the Government agency which 
issued the patent, conveyance, lease, permit, or other authorization shall, 
on application of the holder thereof, issue a new or supplemental patent. 
conveyance, lease, permit, or other authorization without such reserva- 
tion. If any rights have been granted by the United States pursuant 
to any such reservation then such patent shall be made subject to those 
rights, but the patentee shall be subrogated to the rights of the United 
States." 



34 



60 Stat. 775. 



30 U.S.C. 
501-505, 503. 



Prohibition. 
42 U.S.C. 
sec. 2099. 



"c. Notwithstanding the provisions of the Atomic En- 
ergy Act of 1946, as amended, and particularly section 5 
(b) (7) thereof, 44 or the provisions of the Act of August 
12, 1953 (67 Stat. 539), and particularly section 3 there- 
of, any mining claim, heretofore located under the min- 
ing laws of the United States, for or based upon a dis- 
covery of a mineral deposit which is a source material 
and which, except for the possible contrary construction 
of said Atomic Energy Act, would have been locatable 
under such mining laws, shall, insofar as adversely af- 
fected by such possible contrary construction, be valid 
and effective, in all respects to the same extent as if said 
mineral deposit were a locatable mineral deposit other 
than a source material. 

"Sec. 69. Prohibition. — The Commission shall not li- 
cense any person to transfer or deliver, receive possession 
of or title to, or import into or export from the United 
States any source material if, in the opinion of the Com- 
mission, the issuance of a license to such person for such 
purpose would be inimical to the common defense and 
security or the health and safety of the public. 



Domestic 
distribution. 
42 U.S.C. 
sec. 2111. 



"CHAPTEK 8. BYPKODUCT MATERIAL 

"Sec 81. Domestic Distribution. — No person may 
transfer or receive in interstate commerce, manufacture, 
produce, transfer, acquire, own, possess, import, or ex- 
port any byproduct material, except to the extent author- 
ized by this section or- by section 82. The Commission is 
authorized to issue general or specific licenses to appli- 
cants seeking to use byproduct material for research or 
development purposes, for medical therapy, industrial 
uses, agricultural uses, or such other useful applications 
as may be developed. The Commission may distribute, 
sell, loan, or lease such byproduct material as it owns to 
qualified applicants 44a with or without charge : Provided, 
however, That, for byproduct material to be distributed 
by the Commission for a charge, the Commission shall 
establish prices on such equitable basis as, in the opinion 
of the Commission, (a) will provide reasonable compen- 
sation to the Government for such material, (b) will not 
discourage the use of such material or the development 
of sources of supply of such material independent of the 
Commission, and (c) will encourage research and devel- 
opment. In distributing such material, the Commission 
shall give preference to applicants proposing to use such 
material either in the conduct of research and develop- 
ment or in medical therapy. The Commission shall not 

** See Atomic Energy Act of 1946. appendix B, infra, sec. 5(b) (7). 

« a Sec. 4 of Public Law 93-377 (88 Stat. 475) (1974) changed the word 
"licensees" to "qualified applicants" and deleted the following sentence, 
which was previously the fifth sentence of sec. 81 : 

"Licensees of the Commission may distribute byproduct material only 
to applicants therefor who are licensed by the Commission to receive such 
byproduct material." 



35 

permit the distribution of any byproduct material to 
any licensee, and shall recall or order the recall of any 
distributed material from any licensee, who is not 
equipped to observe or who fails to observe such safety 
standards to protect health as may be established by the 
Commission or who uses such material in violation of law 
or regulation of the Commission or in a manner other 
than as disclosed in the application therefor or approved 
by the Commission. The Commission is authorized to es- 
tablish classes of byproduct material and to exempt cer- 
tain classes or quantities of material or kinds of uses or 
users from the requirements for a license set forth in this 
section when it makes a finding that the exemption of such 
classes or quantities of such material or such kinds of uses 
or users will not constitute an unreasonable risk to the 
common defense and security and to the health and safety 
of the public. 

''Sec. 82. Foreign Distribution of Byproduct Mate- Foreign dis- 

■r> TAT tribution of 

K1AL.. ■ ... . byproduct 

"a. The Commission is authorized to cooperate with material. 
any nation by distributing byproduct material, and to S ec. 2112. 
distribute byproduct material, pursuant to the terms of 
an agreement for cooperation to which such nation is 
party and which is made in accordance with section 123. 

"b. The Commission is also authorized to distribute 
byproduct material to any person outside the United 
States upon application therefor by such person and de- 
mand such charge for such material as would be charged 
for the material if it were distributed within the United 
States: Provided, however, That the Commission shall 
not distribute any such material to any person under this 
section if. in its opinion, such distribution would be in- 
imical to the common defense and security : And provided 
further, That the Commission may require such reports 
regarding the use of material distributed pursuant to 
the provisions of this section as it deems necessary. 

"c. The Commission is authorized to license others to 
distribute byproduct material to any person outside the 
United States under the same conditions, except as to 
charges, as would be applicable if the material were dis- 
tributed by the Commission. 

"CHAPTER 9. MILITARY APPLICATION OF 
ATOMIC ENERGY 

"Sec. 91. Authority. — ■ Authority. 

"a. The Commission is authorized to — sec. 2121. 

"(1) conduct experiments and do research and 
development work in the military application of 
atomic energy ; and 

"(2) engage in the production of atomic weapons. 
or atomic weapon parts, except that such activities 
shall be carried on only to the extent that the express 



36 

consent and direction of the President of the United 
States has been obtained, which consent and direc- 
tion shall be obtained at least once each year. 
u b. The President from time to time may direct the 
Commission (1) to deliver such quantities of special 
nuclear material or atomic weapons to the Department 
of Defense for such use as he deems necessary in the in- 
terest of national defense, or (2) to authorize the Depart- 
ment of Defense to manufacture, produce, or acquire any 
atomic weapon or utilization facility for military pur- 
poses : Provided, however. That such authorization shall 
not extend to the production of special nuclear material 
other than that incidental to the operation of such utiliza- 
tion facilities. 

"c. The President may authorize the Commission or 
the Department of Defense, with the assistance of the 
other, to cooperate with another nation and, notwith- 
standing the provisions of section 57, 62, or 81, to trans- 
fer by sale, lease, or loan to that nation, in accordance 
with terms and conditions of a program approved by the 
President — ■ 

' ; (1) nonnuclear parts of atomic weapons pro- 
vided that such nation has made substantial prog- 
ress in the development of atomic weapons, and 
other nonnuclear parts of atomic weapons systems 
involving Restricted Data provided that such trans- 
fer will not contribute significantly to that nation's 
atomic weapon design, development, or fabrication 
capability ; for the purpose of improving that na- 
tion's state of training and operational readiness; 
"(2) utilization facilities for military applica- 
tions; and 

"(3) source, byproduct, or special nuclear ma- 
terial for research on, development of. production of, 
or use in utilization facilities for military applica- 
tions; and 

"(4) source, byproduct, or special nuclear ma- 
terial for research on, development of, or use in 
atomic weapons : Provided, hovjever, That the trans- 
fer of such material to that nation is necessary to 
improve its atomic weapon design, development, or 
fabrication capability: And provided further. That 
such nation has made substantial progress in the 
development of atomic weapons, 
whenever the President determines that the proposed 
cooperation and each proposed transfer arrangement for 
the nonnuclear parts of atomic weapons and atomic 
weapons systems, utilization facilities or source, byprod- 
uct, or special nuclear material will promote and will 
not constitute an unreasonable risk to the common de- 
fense and security, while such other nation is participat- 
ing with the United States pursuant to an international 



37 

arrangement by substantial and material contributions 
to the mutual defense and security : Provided, however, 
That the cooperation is undertaken pursuant to an agree- 
ment entered into in accordance with section 123 : And 
provided further, That if an agreement for coopera- 
tion arranged pursuant to this subsection provides for 
transfer of utilization facilities for military applications 
the Commission, or the Department of Defense with re- 
spect to cooperation it has been authorized to undertake, 
may authorize any person to transfer such utilization 
facilities for military applications in accordance with 
the terms and conditions of this subsection and of the 
agreement for cooperation. 45 

"Sec. 92. Prohibition.— It shall be unlawful, except £|°#|*& on - 
as provided in section 91, for any person to transfer or sec. 2122. 
receive in interstate or foreign commerce, manufacture, 
produce, transfer, acquire, possess, import, or export any 
atomic weapon. Nothing in this section shall be deemed 
to modify the provisions of subsection 31 a. or section 
101. 46 

"CHAPTER 10. ATOMIC ENERGY LICENSES 

"Sec. 101. License Required. — It shall be unlawful, License 
except as provided in section 91, for any person within il> q u r s.c. 
the United States to transfer or receive in interstate sec - 21S ~ 
commerce, manufacture, produce, transfer, acquire, pos- 
sess, use, 47 import, or export any utilization or production 
facility except under and in accordance with a license 
issued by the Commission pursuant to section 103 or 104. 

"Sec. 102. Utilization and Production Facilities for 42 u.s.c. 
Industrial or Commercial Purposes. — sec - 2132, 

"a. Except as provided in subsections b. and c, or other- 
wise specifically authorized by law, any license hereafter 
issued for a utilization or production facility for indus- 
trial or commercial purposes shall be issued pursuant to 
section 103. 

kW b. Any license hereafter issued for a utilization or 
production facility for industrial or comercial pur- 
poses, the construction or operation of which was licensed 
pursuant to subsection 104 b. prior to enactment into law 
of this subsection, shall be issued under subsection 104 b. 

"c. Any license for a utilization or production facility 
for industrial or commercial purposes constructed or 



« Public Law S5-479 (72 Stat. 276) (195S), se«. 1, added subsec. c to 
sec. 91. 

4 « Public Law 85-479 (72 Stat. 276) (195S), sec. 2, amended sec. 92 by 
substituting a complete new sec. 92. Before amendment sec. 92 read as 
follows : 

"Sec. 92. Prohibition. — It shall be unlawful for any person to transfer 
or receive in interstate commerce, manufacture, produce, transfer, acquire. 
possess, import, or export any atomic weapon, except as may be authorized 
by the Commission pursuant to the provisions of section 91. Nothing in 
this section shall be deemed to modify the provisions of subsection :;i a. 
or section 101." 

"Public Law 84-1006 (70 Stat. 1069) (1956), sec. 11, added the word 
"use,". 



38 

operated under an arrangement with the Commission 
entered into under the Cooperative Power Reactor 
Demonstration Program shall, except as otherwise 
specifically required by applicable law, be issued under 
subsection 101 b. 47a 

Commercial "Sec. 103. COMMERCIAL LICENSES. — 

licenses. rn1 ~ ... . . , . ,. 

42 u.s.c. a. a he Commission is authorized to issue licenses to 

sec. 2133. persons applying therefore to transfer or receive in inter- 

state commerce, manufacture, produce, transfer, acquire, 
possess, use, 4S import, or export under the terms of an 
agreement for cooperation arranged pursuant to section 
123, utilization or production facilities for industrial or 
commercial purposes. 48 * Such licenses shall be issued in 
>rdance with the provisions of chapter 1G and subject 
to such conditions as the Commission may by rule or reg- 
ulation establish to effectuate the purposes and provi- 
sions of this Act. 

"b. The Commission shall issue such licenses on a non- 
exclusive basis to persons applying therefor (1) whose 
proposed activities will serve a useful purpose propor- 
tionate to the quantities of special nuclear material or 
source material to be utilized; (2) who are equipped to 
observe and who agree to observe such safety standards 
to protect health and to minimize danger to life or prop- 
erty as the Commission may by rule establish; and (3) 
who agree to make available to the Commission such 
technical information and data concerning activities un- 
der such licenses as the Commission may determine nec- 
essary to promote the common defense and security and 
to protect the health and safety of the public. All such 
information may be used by the Commission only for the 
purposes of the common defense and security and to pro- 
tect the health and safety of the public. 

"c. Each .such license shall be issued for a specified 
period, as determined by the Commission, depending on 
the type of activity to be licensed, but not exceeding 
forty years, and may be renewed upon the expiration of 
such period. 

"d. No license under this section may be given to any 
person for activities which are not under or within the 
jurisdiction of the United States, except for the export 
of production or utilization facilities under terms of an 



*- a Public Law 91-560 (84 Stat. 1472) (1970), sec. 3. amended sec. 102, 
prior to amendment it read as follows : 

"Sec. 102. Finding of Practical Value. — Whenever the Commission 
has made a finding in writing that any type of utilization or production 
facility has been sufficiently developed to be of practical value for indus- 
trial or commercial purposes, the Commission may thereafter issue licenses 
fur such type of facility pursuant to section 103." 

48 Public Law S4-1006 (70 Stat. 1069) (1956), sec. 12. added the word 
"use '. 

*s« Public Law 91-560 (84 Stat. 1472) (1970). sec. 4. amended the first 
sentence of sec. 103 a. Before amendment it read as follows : 

••Subsequent to a finding by the Commission as required in section 102, 
the Commission may issue licenses to transfer or receive in interstate 
commerce, manufacture, produce, transfer, acquire, possess, use. import, 
or export under the terms of an agreement for cooperation arranged pur- 
suant to section 123, such type of utilization or production facility." 



39 



agreement for cooperation arranged pursuant to section 
123, or except under the provisions of section 109. No li- 
cense may be issued to an alien or any 49 any corporation 
or other entity if the Commission knows or has reason to 
believe it is owned, controlled, or dominated by an alien, a 
foreign corporation, or a foreign government. In any 
event, no license may be issued to any person within the 
United States if, in the opinion of the Commission, the 
issuance of a license to such person would be inimical to 
the common defense and security or to the health and 
safety of the public. 

"Sec. 104. Medical Therapy and Research and De- 
velopment. — 

"a. The Commission is authorized to issue licenses to 
persons applying therefor for utilization facilities for 
use in medical therapy. In issuing such licenses the Com- 
mission is directed to permit the widest amount of effec- 
tive medical therapy possible with the amount of special 
nuclear material available for such purposes and to 
impose the minimum amount of regulation consistent 
with its obligations under this Act to promote the com- 
mon defense and security and to protect the health and 
safety of the public. 

u b. As provided for in subsection 102b. or 102c, or 
where specifically authorized by law, the Commission is 
authorized to issue licenses under this subsection to per- 
sons applying therefor for utilization and production 
facilities for industrial and commercial purposes. In issu- 
ing licenses under this subsection, the Commission shall 
impose the minimum amount of such regulations and 
terms of license as will permit the Commission to fulfill 
its obligations under this Act. 49 * 

"c. The Commission is authorized to issue licenses to 
persons applying therefor for utilization and production 
facilities useful in the conduct of research and develop- 
ment activities of the types specified in section 31 and 
which are not facilities of the type specified in subsection 
104b. The Commission is directed to impose only such 
minimum amount of regulation of the licensee as the 
Commission finds will permit the Commission to fulfill 
its obligations under this Act to promote the common 

49 Public Law S4-1006 (70 Stat. 1060) (1956). sec. 13, added the words 
"an alien or any" between the words "to" and "any" in the second 
sentence of subsec. 103 d. Addition of the word "any" was, of course, 
unnecessary. 

*»» Public Law 91-500 (84 Stat. 1472) (1970), sec. 5, amended subsec. 
104 h. P>efore amendment it read as follows : 

"b. The Commission is authorized to issue licenses to persons applying 
therefor for utilization and production facilities involved in the eonduel 
of research and development activities leading to the demonstration of 
the practical value of such facilities for industrial or commercial pur- 
poses. In issuing licenses under this subsection, the Commission shall 
impose the minimum amount of such regulations and terms of license as 
will permit the Commission to fulfill its obligations under this Act to 
promote the common defense and security and to protect the health and 
safety of the public and will be compatible with the regulations and 
terms of license which would apply in the event that a commercial license 
were later to be issued pursuant to section 103 for that type of facility. 
In issuing such licenses, priority shall be given to those activities which 
will, in the opinion of the Commission, lead to major advances in the 
application of atomic energy for industrial or commercial purposes." 



Medical 
therapy and 
research and 
development. 
42 U.S.C. 
sec. 2134. 



40 

defense and security and to protect the health and safety 
of the public and will permit the conduct of widespread 
and diverse research and development. 

"d. No license under this section may be given to any 
person for activities which are not under or within the 
jurisdiction of the United States, except for the export of 
production or utilization facilities under terms of an 
agreement for cooperation arranged pursuant to section 
123 or except under the provisions of section 109. No 
license may be issued to any corporation or other entity 
if the Commission knows or has reason to believe it is 
owned, controlled, or dominated by an alien, a foreign 
corporation, or a foreign government. In any event, no 
license may be issued to any person within the United 
States if, in the opinion of the Commission, the issuance 
of a license to such person would be inimical to the com- 
mon defense and security or to the health and safety of 
the public. 

Antitrust "SeC. 105. ANTITRUST PROVISIONS. 

42°u.s°c s ' "a. Nothing contained in this Act 50 shall relieve any 

sec. 2135. person from the operation of the following Acts, as 

amended, 'An Act to protect trade and commerce against 
unlawful restraints and monopolies' approved July sec- 
ond, eighteen hundred and ninety : sections seventy-three 
26 stat. 209. to seventy-seven, inclusive, of an Act entitled 'An Act to 
io u. . . l- . rec | uce taxation, to provide revenue for the Government, 
and for other purposes' approved August twenty-seven, 
eighteen hundred and ninety- four ; 'An Act to supplement 
existing laws against unlawful restraints and monop- 
olies, and for other purposes' approved October fifteen, 
P ul^s-ii n i neteen hundred and fourteen ; and 'An Act to create 
3S stat. 730. ' a Federal Trade Commission, to define its powers and 
i2-27?'44; duties, and for other purposes' approved September 

1% V.4.9: *.£?■ twenty-six, nineteen hundred and fourteen. In the event 

29 TT S C 5^ 2* 

53j 38 "stat. ' a licensee is found by a court of competent jurisdiction, 
4i-U9. oU ' SC ' either in an original action in that court or in a pro- 
ceeding to enforce or review the findings or orders of any 
Government agency having jurisdiction under the laws 
cited above, to have violated any of the provisions of such 
laws in the conduct of the licensed activity, the Commis- 
sion may suspend, revoke, or take such other action as it 
may deem necessary with respect to any license issued 
by the Commission under the provisions of this Act. 

"b. The Commission shall report promptly to the At- 
torney General any information it may have with respect 
to any utilization or special nuclear material or atomic 
energy which appears to violate or to tend toward the 
violation of any of the foregoing Acts, or to restrict free 
competition in private enterprise. 

"c. (1) The Commission shall promptly transmit to the 
Attorney General a copy of any license application pro- 

R> Public Law S8-489 (78 Stat. 602) (1964), sec. 14, deleted the phrase 
", including the provisions which vest title to all special nuclear material 
in the United States," which appeared after the word "Act". 



41 

vided for in paragraph (2) of this subsection, and a copy 
of any written request provided for in paragraph (3) of 
this subsection; and the Attorney General shall, within a 
reasonable time, but in no event to exceed 180 clays after 
receiving a copy of such application or written request, 
render such advice to the Commission as he determines 
to be appropriate in regard to the finding to be made 
by the Commission pursuant to paragraph (5) of this 
subsection. Such advice shall include an explanatory 
statement as to the reasons or basis therefor. 

"(2) Paragraph (1) of this subsection shall apply to 
an application for a license to construct or operate a 
utilization or production facility under section 103 : Pro- 
vided, however, That paragraph (1) shall not apply to 
an application for a license to operate a utilization or 
production facility for which a construction permit was 
issued under section 103 unless the Commission deter- 
mines such review is advisable on the ground that sig- 
nificant changes in the licensee's activities or proposed 
activities have occurred subsequent to the previous 
review by the Attorney General and the Commission 
under this subsection in connection with the construction 
permit for the facility. 

"(3) With respect to any Commission permit for the 
construction of a utilization or production facility issued 
pursuant to subsection 104 b. prior to the enactment into 
law of this subsection, any person who intervened or who 
sought by timely written notice to the Commission to 
intervene in the construction permit proceeding for the 
facility to obtain a determination of antitrust considera- 
tions or to advance a jurisdiction basis for such deter- 
mination shall have the right, upon a written request to 
the Commission, to obtain an antitrust review under this 
section of the application for an operating license. Such 
written request shall be made within 25 days after the 
date of initial Commission publication in the Federal 
Kegister of notice of the filing of an application for an 
operating license for the facility or the date of enactment 
into law of this subsection, whichever is later. 

"(4) Upon the request of the Attorney General, the 
Commission shall furnish or cause to be furnished such 
information as the Attorney General determines to be 
appropriate for the advice called for in paragraph (1) 
of this subsection. 

"(5) Promptly upon receipt of the Attorney General's 
advice, the Commission shall publish the advice in the 
Federal Register. Where the Attorney General advises 
that there may be adverse antitrust aspects and recom- 
mends that there be a hearing, the Attorney General or 
his designee may participate as a party in the proceed- 
ings thereafter held by the Commission on such licens- 
ing matter in connection with the subject matter of his 
advice. The Commission shall give due consideration to 

65-234—76 4 



42 

the advice received from the Attorney General and to 
such evidence as may be provided during the proceedings 
in connection with such subject matter, and shall make a 
finding as to whether the activities under the license 
would create or maintain a situation inconsistent with 
the antitrust laws as specified in subsection 105a. 

" (6) In the event the commission's finding under para- 
graph (5) is in the affirmative, the Commission shall also 
consider, in determining whether the license should be 
issued or continued, such other factors, including the 
need for power in the affected area, as the Commission 
in its judgment deems necessary to protect the public 
interest. On the basis of its findings, the Commission 
shall have the authority to issue or continue a license 
as applied for. to refuse to issue a license, to rescind a 
license or amend it. and to issue a license with such con- 
ditions as it deems appropriate. 

"(7) The Commission, with the approval of the At- 
torney General, may except from any of the requirements 
of this subsection such classes or types of licenses as the 
Commission may determine would not significantly affect 
the applicant's activities under the antitrust laws as 
specified in subsection 105a. 

"(8) With respect to any application for a construc- 
tion permit on file at the time of enactment into law of 
this subsection, which permit would be for issuance under 
section 103. and with respect to any application for an 
operating license in connection with which a written 
request for an antitrust review is made as provided for 
in paragraph (3), the Commission, after consultation 
with the Attorney General, may, upon determination 
that such action is necessary in the public interest to 
avoid unnecessary delay, establish by rule or order 
periods for -Commission notification and receipt of ad- 
vice differing from those set forth above and may issue 
a construction permit or operating license in advance of 
consideration of and findings with respect to the matters 
covered in this subsection : Provided, That any construc- 
tion permit or operating license so issued shall contain 
such conditions as the Commission deems appropriate 
to assure that any subsequent findings and orders of the 
Commission with respect to such matters will be given 
full force and effect. 50 * 



5081 Public Law 91-560 (84 Stat. 1472) (1970), sec. 6, amended subsec. 
105c. Before amendment it read as follows : 

"c. Whenever the Commission proposes to issue any license to any 
persons under section 103. it shall notify the Attorney General of the 
proposed license and the proposed terms nnd conditions thereof, except 
such classes or type of licenses, as the Commission, with the approval 
of the Attorney General, may determine would not significantly affect 
the licensee's activities under the antitrust laws as specified in subsection 
150a. Within a reasonable time, in no event to exceed 90 days after 
receiving such notification, the Attorney General shall advise the Com- 
mission whether, insofar as he can determine, the proposed license would 
tend to create or maintain a situation inconsistent with the antitrust 
laws, and such advice shall be published in the Federal Register. Upon 
the request of the Attorney General, the Commission shall furnish or cause 
to be furnished such information as the Attorney General determines to 
be appropriate or necessary to enable him to give the advice called for 
by this section." 



43 



"Sec. 106. Classes of Facilities. — The Commission 
may — 

"a. group the facilities licensed either under sec- 
tion 103 or under section 104 into classes which may 
include either production or utilization facilities or 
both, upon the basis of the similarity of operating 
and technical characteristics of the facilith ; 

; 'b. define the various activities to be carried on 
at each such class of facility ; and 

u c. designate the amounts of special nuclear mate- 
rial available for use by each such facility. 
"Sec. 107. Operators' Licenses.— The Commission 
shall— 

"a. prescribe uniform conditions for licensing 
individuals as operators of any of the various classes 
of production and utilization facilities licensed in 
this Act : 

"b. determine the qualifications of such individ- 
uals ; 

u c. issue licenses to such individuals in such form 
as the Commission may prescribe ; and 

"d. suspend such licenses for violations of any 
provision of this Act or any rule or regulation issued 
thereunder whenever the Commission deems such 
action desirable. 
"Sec. 108. War or National Emergency. — Whenever 
the Congress declares that a state of war or national 
emergency exists, the Commission is authorized to sus- 
pend any licenses granted under this Act if in its judg- 
ment such action is necessary to the common defense and 
security. The Commission is authorized during such 
period, if the Commission finds it necessary to the com- 
mon defense and security, to order the recapture of any 
special nuclear material 51 or to order the operation of 
any facility licensed under section 103 or 104, and is 
authorized to order the entry into any plant or facility in 
order to recapture such material, or to operate such facil- 
ity. Just compensation shall be paid for any damages 
caused by the recapture of any special nuclear material 
or by the operation of any such facility. 

"Sec. 109. Component Parts or Facilities. — With 
respect to those utilization and production facilities 
which are so determined by the Commission pursuant to 
subsection 11 v. (2) 52 or 11 cc. (2) 53 the Commission 
may (a) issue general licenses for activities required to 



Classes or 
faeili; 
42 U.S.C. 
see. 2136. 



Operators' 
licenses. 
42 U.S.C. 
sec. 2137. 



War or 
national 
emergency. 
42 U.S.C. 
sec. 2138. 



Component 
parts of 
facilities. 
42 U.S.C. 
sec. 2139. 



51 Public Law 86-373 (73 Stat. 6SS) (1950). sec. 2. amended see. 10<s 
by deleting the phrase "'distributed under the provisions of subsection 
53 a..*' after the words "special nuclear material" in the second sentence. 

62 Amended by Public Law S9-645 (SO Stat. 891) (1966). sec. 1. Prior 
to amendment, reference was to "11 t. (2)". Earlier. Public Law S7-615 
(76 Stat. 409) (1962), spc. 9. had amended the reference. Prior to this 
amendment thp reference was to "11 p. (2)". 

53 Amended by Public Law 89-645 (80 Stat. S91) (1966). sec. 1. Pr>o- 
to amendment, referpnee was to "11 aa. (2)". Earlier. Public Law S7-615 
(76 Stat. 40!)) (1902), sec. 9. had amended the reference. Prior to this 
amendment the reference was to "11 v. (2)". 



44 



Exclusions. 
42 U.S.C. 
sec. 2140. 



be licensed under section 101, if the Commission deter- 
mines in writing that such general licensing will not 
constitute an unreasonable risk to the common defense 
and security, and (b) issue licenses for the export of such 
facilities, if the Commission determines in writing that 
each export will not constitute an unreasonable risk to 
the common defense and security. 

"Sec. 110. Exclusions. — Nothing in this chapter shall 
be deemed — 

"a. to require a license for (1) the processing, 
fabricating, or refining of special nuclear material, 
or the separation of special nuclear material, or the 
separation of special nuclear material from other 
substances, under contract with and for the account 
of the Commission; or (2) the construction or opera- 
tion of facilities under contract with and for the 
account of the Commission ; or 

"b. to require a license for the manufacture, pro- 
duction, or acquisition by the Department of De- 
fense of any utilization facility authorized pursuant 
to section 91, or for the use of such facility by the 
Department of Defense or a contractor thereof. 



"CHAPTEK 11. INTERNATIONAL ACTIVITIES 



Effect of 
international 
arrangements. 
42 U.S.C. 
sec. 2151. 



Policies con- 
tained in 
international 
arrangements. 
42 U.S.C. 
sec. 2152. 



Cooperation 
with other 
nations. 
42 U.S.C. 
sec. 2153. 



"Sec. 121. Efeect of International Arrange- 
ments. — Any provision of this Act or any action of the 
Commission to the extent and during the time that it 
conflicts with the provisions of any international ar- 
rangements made after the date of enactment of this Act 
shall be deemed to be of no force or effect. 

"Sec. 122. Policies Contained in International Ar- 
rangements. — In the performance of its functions under 
this Act, the Commission shall give maximum effect to 
the policies contained in any international arrangement 
made after the date of enactment of this Act. 

"Sec. 123. Cooperation With Other Nations. — No 
cooperation with any nation or regional defense organi- 
zation pursuant to sections 53, 54 54a, 54a 57, 64, 82, 91, 55 
103, 104, or 144 shall be undertaken until— 



&* Public Law 88-489 (78 Stat. 602) (1964), sec. 15, added "53.". 

s* a Sec. 5 of Public Law 93-377 (88 Stat. 475) (1974) changed the terra 
"54" to "54a". 

55 Public Law S5-479 (72 Stat. 276) (1958), sec. 3 amended sec. 123 
by inserting "91," and substituting a new subsec. a. Before amendment 
subsec. a. read as follows : 

"a. the Commission or, in the case of those agreements for coopera- 
tion arranged pursuant to subsection 144 b., the Department of Defense 
has submitted to the President the proposed agreement for cooperation, 
together with its recommendation thereon, which proposed agreement 
shall include (1) the terms, conditions, duration, nature, and scope of the 
cooperation; (2) a guaranty by the cooperating party that security 
safeguards and standards as set forth in the agreement for cooperation 
will be maintained ; (3) a guaranty by the cooperating party that any 
material to be transferred pursuant to such agreement will not be used for 
atomic weapons, or for research on or development of atomic weapons, or 
for any other military purpose; and (4) a guaranty by the cooperating 
party that any material or any Restricted Data to be transferred pursu- 
ant to the agreement for cooperation will not be transferred to unauthor- 
ized persons or beyond the jurisdiction of the cooperating party, except as 
specified in the agreement for cooperation ;". 



45 

"a. the Commission or, in the case of those agree- 
ments for cooperation arranged pursuant to subsec- 
tion 91 c. or 144 b. which are to be implemented by 
the Department of Defense, the Department of De- 
fense has submitted to the President the proposed 
agreement for cooperation, together with its recom- 
mendations thereon, which proposed agreement shall 
include (1) the terms, conditions, duration, nature, 
and scope of the cooperation; (2) a guaranty by the 
cooperating party that security safeguards and 
standards as set forth in the agreement for coopera- 
tion will be maintained; (3) except in the case of 
those agreements for cooperation arranged pursuant 
to subsection 91 c. a guaranty by the cooperating 
party that any material to be transferred pursuant 
to such agreement will not be used for atomic weap- 
ons, or for research on or development of atomic 
weapons or for any other military purpose; and (4) 
a guaranty by the cooperating party that any mate- 
rial or any Restricted Data to be transferred pur- 
suant to the agreement for cooperation will not be 
transferred to unauthorized persons or beyond the 
jurisdiction of the cooperating party, except as 
specified in the agreement for cooperation; 

"b. the President has approved and authorized 
the execution of the proposed agreement for coopera- 
tion, and has made a determination in writing that 
the performance of the proposed agreement will 
promote and will not constitute an unreasonable 
risk to the common defense and security ; 

"c. the proposed agreement for cooperation, to- 
gether with the approval and the determination of 
the President, has been submitted to the Joint Com- 
mittee and a period of thirty days has elapsed while 
Congress is in session (in computing such thirty 
days, there shall be excluded the days on which 
either House is not in session because of an adjourn- 
ment of more than three days) : Provided, however, 
That the Joint Committee, after having received 
such agreement for cooperation, may by resolution 
in writing; waive the conditions of all or any portion 
of such thirty-day period ; and ; 56 

"d. The proposed agreement for cooperation, 
together with the approval and determination of the 
President, if arranged pursuant to subsection 91 c, 
144 b., or 144 c, or if entailing implementation of 
sections 53, 54a, 103, or 104 in relation to a reactor 
that may be capable of producing more than five 
thermal megawatts or special nuclear material for 
use in connection therewith, has been submitted to 



a» Public Law 85-681 (72 Stat. 632) (195S), sec. 4, added the proviso to 
Bubsec. 123 c. The semicolon erroneously inserted after the word •"and" 
at the end of the subsection was added by Public Law So-479. See foot- 
note o. . 



46 



International 
atomic pool. 
42 U.S.C. 
see. 2154. 



Cooperation 
with Berlin. 
42 U.S.C. 
see. 2153 
(Nt.). 



the Congress and referred to the Joint Committee 
and a period of sixty days has elapsed while Con- 
gress is in session (in computing such sixty days, 
there shall be excluded the days on which either 
House is not in session because of an adjournment of 
more than three days) , but any such proposed agree- 
ment for cooperation shall not become effective if 
during such sixty-day period the Congress passes a 
concurrent resolution stating in substance that it 
does not favor the proposed agreement for coopera- 
tion : Provided, That prior to the elapse of the first 
thirty days of any such sixty-day period the Joint 
Committee shall submit a report to the Congress of 
its views and recommendations respecting the pro- 
posed agreement and an accompanying proposed 
concurrent resolution stating in substance that the 
Congress favors, or does not favor, as the case may 
be, the proposed agreement for cooperation. Any 
such concurrent resolution so reported shall become 
the pending business of the House in question (in 
the case of the Senate the time for debate shall be 
equally divided between the proponents and the 
opponents) within twenty-five days and shall be 
voted on within five calendar days thereafter, unless 
such House shall otherwise determine. 57 
"Sec. 124. International Atomic Pool. — The Presi- 
dent is authorized to enter into an international arrange- 
ment with a group of nations providing for international 
cooperation in the nonmilitary applications of atomic 
energy and he may thereafter cooperate with that group 
of nations pursuant to sections 54a, 57a 57, 64, 82, 103, 104, 
or 144 a. : Provided, however, That the cooperation is 
undertaken pursuant to an agreement for cooperation 
entered into in accordance with section 123. 

"Sec. 125. Cooperation With Berlin. — The Presi- 
dent may' authorize the Commission to enter into agree- 
ments for cooperation with the Federal Republic of 
Germany in accordance with section 123, on behalf of 
Berlin, which for the purposes of this Act comprises 
those areas over which the Berlin Senate exercises juris- 
diction (the United States, British, and French sectors) 
and the Commission may thereafter cooperate with Ber- 



« Subsec. 123d was amended by Public Law 93-485 (88 Stat. 1460) 
(1074). Prior to amendment, subsec. 123d read as follows : 

"d. the proposed agreement for cooperation, together with the approval 
and determination of the President, if arranged pursuant to subsection 
91 c. 144 b., or 144 c, has been submitted to the Congress and referred 
to the Joint Committee and a period of sixty days has elapsed while 
Congress is in session, but any such proposed agreement for cooperation 
shall not become effective if during such sixty-day period the Congress 
passes a concurrent resolution stating in substance thn*" it does not favor 
the proposed agreement for cooperation : Provided, however, That during 
the Eighty-fifth Congress such period shall be thirty days (in computing 
such sixty days, or thirty days, as the ease may be, there shall be excluded 
the days on which either House is not in session because of an adjourn- 
ment of more than three days)". 

Public Law 85-479 (72 Stat. 276) (1958), sec. 4 added new subsec. 
123d. 

5 - a Sec. 5 of Public Law 93-377 (88 Stat. 475) (1974) amended sees. 
124 and 125 by substituting the term "54a" for the term "54". 



47 



Policy. 
42 U.S.C. 
sec. 2161. 



lin pursuant to sections 54a, 57a 57, 64, 82, 103, or 104; 
Provided, That the guaranties required by section 123 
shall be made by Berlin with the approval of the allied 
commandants. 58 

"CHAPTER 12. CONTROL OF INFORMATION 

"Sec. 141. Policy. — It shall be the policy of the Com- 
mission to control the dissemination and declassification 
of Restricted Data in such a manner as to assure the com- 
mon defense and security. Consistent with such policy, 
the Commission shall be guided by the following 
principles : 

"a. Until effective and enforceable international safe- 
guards against the use of atomic energy for destructive 
purposes have been established by an international ar- 
rangement, there shall be no exchange of Restricted 
Data with other nations except as authorized by section 
144; and 

"b. The dissemination of scientific and technical infor- 
mation relating to atomic energy should be permitted and 
encouraged so as to provide that free interchange of ideas 
and criticism which is essential to scientific and industrial 
progress and public understanding and to enlarge the 
fund of technical information. 

"Sec. 142. Classification and Declassification of Classification 
Restricted Data.— iihl^l re* 

"a. The Commission shall from time to time determine l^ulV 3 ^' 
the data, within the definition of Restricted Data, which sec. 21*02. 
can be published without undue risk to the common de- 
fense and security and shall thereupon cause such data 
to be declassified and removed from the category of 
Restricted Data. 

"b. The Commission shall maintain a continuous re- 
view of Restricted Data and of any Classification Guides 
issued for the guidance of those in the atomic energy 
program with respect to the areas of Restricted Data 
which have been declassified in order to determine which 
information may be declassified and removed from the 
category of Restricted Data without undue risk to the 
common defense and security. 

u c. In the case of Restricted Data which the Commis- 
sion and the Department of Defense jointly determine to 
relate primarily to the military utilization of atomic 
weapons, the determination that such data may be pub- 
lished without constituting an unreasonable risk to the 
common defense and security shall be made by the Com- 
mission and the Department of Defense jointly, and if 
the Commission and the Department of Defense do not 
agree, the determination shall be made by the President. 

"d. The Commission shall remove from the Restricted 
Data category such data as the Commission and the 
Department of Defense jointly determine relates pri- 
marily to the military utilization of atomic weapons and 

58 Public Law 85-14 (71 Stat. 11) (1957), added sec. 125. 



48 



61 Stat. 498, 
50 U.S.C. 
403(d). 



Department 
of Defense 
participation. 
42 U.S.C. 
sec. 2163. 



International 
cooperation. 
42 U.S.C. 
sec 2164 



which the Commission and Department of Defense 
jointly determine can be adequately safeguarded as 
defense information: Provided, however, That no such 
data so removed from the Restricted Data category shall 
be transmitted or otherwise made available to any nation 
or regional defense organization, while such data remains 
defense information, except pursuant to an agreement for 
cooperation entered into in accordance with subsection 

144 b. 

"e. The Commission shall remove from the Restricted 
Data category such information concerning the atomic 
energy programs of other nations as the Commission and 
the Director of Central Intelligence jointly determine to 
be necessary to carry out the provisions of section 102(d) 
of the National Security Act of 1947, as amended, and 
can be adequately safeguarded as defense information. 

"Sec. 143. Department or Defense Participation. — 
The Commission may authorize any of its employees, or 
employees of any contractor, prospective contractor, 
licensee or prospective licensee of the Commission or any 
other person authorized access to Restricted Data by the 
Commission under subsections 145 b. and 145 c. 59 60 to 
permit any employee of an agency of the Department of 
Defense or of its contractors, or any member of the 
Armed Forces to have access to Restricted Data required 
in the performance of his duties and so certified by the 
head of the appropriate agency of the Department of 
Defense or his designee: Provided, however, That the 
head of the appropriate agency of the Department of 
Defense or his designee has determined, in accordance 
with the established personnel security procedures and 
standards of such agency, that permitting the member or 
employee to have access to such Restricted Data will not 
endanger the common defense and security: And pro- 
vided further, That the Secretary of Defense finds that 
the established personnel and other security procedures 
and standards of such agency are adequate and in reason- 
able conformity to the standards established by the Com- 
mission under section 145. 

"Sec. 144. International Cooperation. — 
"a. The President may authorize the Commission to 
cooperate with another nation and to communicate to 
that nation Restricted Data on — 

"(1) refining, purification, and subsequent treat- 
ment of source material ; 

"(2) civilian reactor development ; 

"(3) production of special nuclear material; 

" (4) health and safety ; 

"(5) industrial and other applications of atomic 
energy for peaceful purposes ; and 

f» Public Law S4-1006 (70 Stat. 1069) (1956), sec. 14. added the words : 
"or any other person authorized access to Restricted Data by the Com- 
mission under subsection 145 b." 

60 Public Law 87-206 (75 Stat. 475) (1961), sec. 5, deleted the words 
"subsection 145 b." and substituted in lieu thereof the words, "subsections 

145 b. and 145 c". 



49 

"(6) research and development relating to the 
foregoing : 
Provided, however, That no such cooperation shall 
involve the communication of Restricted Data relating 
to the design or fabrication of atomic weapons: And 
provided further, That the cooperation is undertaken 
pursuant to an agreement for cooperation entered into 
m accordance with section 123, or is undertaken pursuant 
to an agreement existing on the effective date of this 
Act. 61 

"b. The President may authorize the Department of cooperation 
Defense, with the assistance of the Commission, to co- Sep^tment. 
operate with another nation or with a regional defense 
organization to which the United States is a party, and 
to communicate to that nation or organization such 
Restricted Data (including design information) as is 
necessary to — 

" ( 1 ) the development of defense plans ; 
"(2) the training of personnel in the employment 
of and defense against atomic weapons and other 
military applications of atomic energy ; 

"(3) the evaluation of the capabilities of poten- 
tial enemies in the employment of atomic weapons 
and other military applications of atomic energy; 
and 

"(4) the development of compatible delivery sys- 
tems for atomic weapons ; 
whenever the President determines that the proposed 
cooperation and the proposed communication of the Re- 
stricted Data will promote and will not constitute an un- 
reasonable risk to the common defense and security, while 
such other nation or organization is participating with 
the United States pursuant to an international arrange- 
ment by substantial and material contributions to the 
mutual defense and security: Provided, however. That 
the cooperation is undertaken pursuant to an agreement 
entered into in accordance with section 123. 62 



^Public Law 85-479 (72 Stat. 276) (1958), sec. 5, amended subsec. a. 
of sec. 144 by inserting the word "civilian" before the words "reactor 
development" in clause (2) thereof. 

« 2 Public Law 85-479 (72 Stat. 276) (1958). sec. 6. amended sec. 144 
by substituting a new subsec b. Before amendment subsec. b. read as 
follows : 

"b. The President may authorize the Department of Defense, with the 
assistance of the Commission, to cooperate with another nation or with a 
regional defense organization to which the United States is a party, and 
to communicate to that nation or organization such Restricted Data as 
is necessary to — 

"(1) the development of defense plans ; 

"(2) the training of personnel in the employment of and defense 
against atomic weapons ; and 

"(3) the evaluation of the capabilities of potential enemies in the 
employment of atomic weapons, 
while such other nation or organization is participating with the United 
States pursuant to an international arrangement by substantial and 
material contributions to the mutual defense and security: Provide!. 
however, That no such cooperation shall involve communication of 
Restricted Data relating to the design or fabrication of atomic weapons 
except with regard to external characteristics, including size, weight, and 
shape, yields and effects, and systems employed in the delivery or use 
thereof but not including any data in these categories unless in the joint 
judgment of the Commission and the Department of Defense such data 
will not reveal important information concerning the design or fabrication 
of the nuclear components of an atomic weapon: And provided further. 
That the cooperation is undertaken pursuant to an agreement entered 
into in accordance with section 123." 



50 



Restrictions. 
42 U.S.C. 
sec. 2165. 



Investigations 
by CSC. 



r, c. In addition to the cooperation authorized in sub- 
sections 144 a. and 144 b., the President may authorize 
the Commission, with the assistance of the Department 
of Defense, to cooperate with another nation and — 

"(1) to exchange with that nation Restricted 
Data concerning atomic weapons: Provided, That 
communication of such Restricted Data to that 
nation is necessary to improve its atomic weapon 
design, development, or fabrication capability and 
provided that nation lias made substantial prog- 
ress in the development of atomic weapons; and 
"(2) to communicate or exchange with that na- 
tion Restricted Data concerning research, develop- 
ment, or design, of military reactors, 
whenever the President determines that the proposed 
cooperation and the communication of the proposed 
Restricted Data will promote and will not constitute an 
unreasonable risk to the common defense and security, 
while such other nation is participating with the United 
States pursuant to an international arrangement by sub- 
stantial and material contributions to the mutual defense 
and security : Provided, however, That the cooperation is 
undertaken pursuant to an agreement entered into in 
accordance with section 123. 

"d. The President may authorize any agency of the 
United States to communicate in accordance with the 
terms and conditions of an agreement for cooperation 
arranged pursuant to subsection 144 a., b.. or c. such Re- 
stricted Data as is determined to be transmissable under 
the agreement for cooperation involved. 63 
u Sec. 145. Restrictions. — ■ 

"a. No arrangement shall be made under section 31, 
no contract shall be made or continued in effect under 
section 41, and no license shall be issued under section 
103 or 104, unless the person with whom such arrange- 
ment is made, the contractor or prospective contractor, 
or the prospective licensee agrees in writing not to per- 
mit any individual to have access to Restricted Data until 
the Civil Service Commission shall have made an investi- 
gation and report to the Commission on the character, 
associations, and loyalty of such individual, and the Com- 
mission shall have determined that permitting such per- 
son to have access to Restricted Data will not endanger 
the common defense and security. 

"b. Except as authorized by the Commission or the 
General Manager upon a determination by the Commis- 
sion or General Manager that such action is clearly con- 
sistent with the national interest, no individual shall be 
employed by the Commission nor shall the Commission 
permit any individual to have access to Restricted Data 



«3 Public Law 85-479 (72 Stat. 276) (1958), sec. 7, amended sec. 144 
by adding subsecs. c. and d. 



51 

until the Civil Service Commission shall have made an 
investigation and report to the Commission on the char- 
acter, associations, and loyalty of such individual, and 
the Commission shall have determined that permitting 
such person to have access to Restricted Data will not 
endanger the common defense and security. 

"c. In lieu of the investigation and report to be made 
by the Civil Service Commission pursuant to subsection 
b. of this section, the Commission may accept an investi- 
gation and report on the character, associations, and 
loyalty of an individual made by another Government 
agency which conducts personnel security investigations, 
provided that a security clearance has been granted to 
such individual by another Government agency based on 
such investigation and report. 

"d. In the event an investigation made pursuant to Jy V |^if ationB 
subsections a. and b. of this section develops any data 
reflecting that the individual who is the subject of the 
investigation is of questionable loyalty, the Civil Service 
Commission shall refer the matter to the Federal Bureau 
of Investigation for the conduct of a full field investiga- 
tion, the results of which shall be furnished to the Civil 
Service Commission for its information and appropriate 
action. 

"e. If the President deems it to be in the national 
interest he may from time to time determine that investi- 
gations of any group or class which are required by sub- 
sections a., b., and c. of this section be made by the 
Federal Bureau of Investigation. 

"f. Notwithstanding the provisions of subsections a., 
b., and c. of this section, a majority of the members of 
the Commission shall certify those specific positions 
which are of a high degree of importance or sensitivity, 
and upon such certification, the investigation 64 and 
reports required by such provisions shall be made by the 
Federal Bureau of Investigation. 

"g. The Commission shall establish standards and 
specifications in writing as to the scope and extent of 
investigations, the reports of which will be utilized by the 
Commission in making the determination, pursuant to 
subsections a., b., and c. of this section, that permitting a 
person access to restricted data will not endanger the 
common defense and security. Such standards and 
specifications shall be based on the location and class or 
kind of work to be done, and shall, among other consid- 
erations, take into account the degree of importance to 
the common defense and security of the Eestrictecl Data 
to which access will be permitted." 

"h. Whenever the Congress declares that a state of war 
exists, or in the event of a national disaster due to enemy 
attack, the Commission is authorized during the state of 



« Public Law S7-615 (76 Stat. 400) (1062). sec. 10, amended subsec. 
145 f. by striking out a comma after tbe word "investigation"'. 



sec. 2166. 



52 

war or period of national disaster due to enemy attack 
to employ individuals and to permit individuals access 
to Restricted Data pending the investigation report, and 
determination required by section 145 b., to the extent 
that and so long as the Commission finds that such action 
is required to prevent impairment of its activities in fur- 
therance of the common defense and security. ■ 

p^vSons " SEC - 146 ' GEXERAL PROVISIONS.— 

fl U o?£ " a * Sections 141 to 145, inclusive, shall not exclude the 

applicable provisions of any other laws, except that no 
Government agency shall take any action under such 
other laws inconsistent with the provisions of those 
sections. 

"b. The Commission shall have no power to control or 
restrict the dissemination of information other than as 
granted by this or any other law. 

85 Public Law 87-206 (75 Stat. 475) (1961). sec. 6, amended sec. 145 
by redesignating subsec. c. as subsec. d. and subsec. g. as subsec. h. 
Tbis amendment also added new subsecs. "c", "e", "f", and "g". Before 
amendment, the section read as follows : 

"Sec. 145. Restrictions. — 

"a. No arrangement shall be made under section 31, no contract shall 
be made or continued in effect under section 41. and no license shall be 
issued under section 103 or 104, unless the person with whom such ar- 
rangement is made, the contractor or prospective contractor, or the 
prospective licensee agrees in writing not to permit any individual to 
have access to Restricted Data until the Civil Service Commission shall 
have made an investigation and report to the Commission on the char- 
acter, associations, and loyalty of such individual, and the Commission 
shall have determined that permitting such person to have access to 
Restricted Data will not endanger the common defense and security. 

"b. Except as authorized by the Commission or the General Manager 
upon a determination by the Commission or General Manager that such 
action is clearly consistent with the national interest, no individual shall 
be employed by the Commission nor shall the Commission permit any 
individual to have access to Restricted Data until the Civil Service Com- 
mission shall have made an investigation and report to the Commission on 
the character, associations, and loyalty of such individual, and the Com- 
mission shall have determined that permitting such person to have access 
to Restricted Data will not endanger the common defense and security. 

"c. In the event an investigation made pursuant to subsections a. and 
b. of this section develops any data reflecting that the individual who is 
the subject of the investigation is of questionable loyalty, the Civil Service 
Commission shall refer the matter to the Federal Bureau of Investigation 
for the conduct of a full field investigation, the results of which shall be 
furnished to the Civil Service Commission for its information and appro- 
priate action. 

"d. If the President deems it to be in the national interest, he may from 
time to time cause investigations of any group or class which are required 
by subsections a. and b. of this section to be made by the Federal Bureau 
of Invpstigation instead of by the Civil Service Commission. 

"e. Notwithstanding the provisons of subsections a. and b. of this sec- 
tion, a majority of the members of the Commission shall certify those 
specific positions which are of a high degree of importance or sensitivity 
and upon such certification the investigation and reports required by such 
provisions shall be made by the Federal Bureau of Investigation instead 
of by the Civil Service Commission. 

"f. The Commission shall establish standards and specifications in 
writing as to the scope and extent of investigations to be made by the 
Civil Service Commission pursuant to subsections a. and b. of this spction. 
Such standards and specifications shall be based on the location and class 
or kind of work to be done, and shall, among other considerations, take 
into account the degree of importance to the common defense and security 
of the Restricted Data to which access will be permitted. 

"g. Whenever the Congress declares that a state of war exists, or in the 
event of a national disaster due to enemy attack, the Commission is au- 
thorized during the state of war or period of national disaster due to 
enemy attack to employ individuals and to permit individuals access to 
Restricted Data pending the investigation report, and determination 
required by section 145 b., to the extent that and so long as the Commis- 
sion finds that such action is required to prevent impairment of its activi- 
ties in furtherance of the common defense and security." 



53 
"CHAPTER 13. PATENTS AND INVENTIONS 

"Sec. 151. Inventions Relating to Atomic Weapons, Jjatin °t" 
and Filing of Reports. — M atomic 1 * 

"a. No patent shall hereafter be granted for any in- 42 a u.°s!c. 
vention or discovery which is useful solely in the utili- 8ec - 2181 - 
zation of special nuclear material or atomic energy in an 
atomic weapon. Any patent granted for any such in- 
vention or discovery is hereby revoked, and just compen- 
sation shall be made therefor. 

"b. No patent hereafter granted shall confer any 
rights with respect to any invention or discovery to the 
extent that such invention or discovery is used in the uti- 
lization of special nuclear material or atomic energy in 
atomic weapons. Any rights conferred by any patent 
heretofore granted for any invention or discovery are 
hereby revoked to the extent that such invention or dis- 
covery is so used, and just compensation shall be made 
therefor. 

"c. Any person who has made or hereafter makes any inventions 
invention or discovery useful in the production or utili- reports - 
zation of special nuclear material or atomic energy, shall 
file with the Commission a report containing a complete 
description thereof unless such invention or discovery 
is described in an application for a patent filed with the 
Commissioner of Patents by such person within the time 
required for the filing of such report. The report cover- 
ing any such invention or discovery shall be filed on or 
before the one hundred and eightieth day after such per- 
son first discovers or first has reason to believe that such 
invention or discovery is useful in such production or 
utilization." 

"d. The Commissioner of Patents shall notify the 
Commission of all applications for patents heretofore 
or hereafter filed which, in his opinion, disclose inven- 
tions or discoveries required to be reported under sub- 
section 151 c, and shall provide the Commission access 
to all such applications. 

"e. Reports filed pursuant to subsection c. of this sec- 
tion, and applications to which access is provided under 
subsection d. of this section, shall be kept in confidence by 



66 Public Law 87-206 (75 Stat. 475) (1961), sec. 7, changed the title 
of this section. The title prior to amendment was "Military Utilization." 

6" Public Law 87-206 (75 Stat. 475) (1961), sec. S, amended sec. 151c. 
Before amendment section 151c. read as follows : 

"c. Any person who has made or hereafter makes any invention or 
discovery useful (1) in the production or utilization of special nuclear 
material or atomic energy; (2) in the utilization of special nuclear 
material in an atomic weapon ; or (3) in the utilization of atomic energy 
in an atomic weapon, shall file with the Commission a report containing 
a complete description thereof unless such invention or discovery is 
described in an application for a patent filed with the Commissioner of 
Patents by such person within the time required for the filing of such 
report. The report covering any such invention or discovery shall be 
filed on or before whichever of the following is the later : either the 
ninetieth day after completion of such invention or discovery ; or the 
ninetieth day after such person first discovers or first has reason to 
believe that such invention or discovery is useful in such production or 
utilization." 



54 



Invention con- 
ceived during 
Commission 
contracts. 
42 U.S.C. 
sec. 21 82. 



the Commission, and no information concerning the same 
given without authority of the inventor or owner unless 
necessary to carry out the provisions of any Act of Con- 
gress or in such special circumstances as may be deter- 
mined by the Commission. 0,8 

;, Sec. 152. Inventions Made or Conceived During 
Commission Contracts. — Any invention or discovery, 
useful in the production or utilization of special nuclear 
material or atomic energy, made or conceived in the 
course of or under any contract, subcontract, or arrange- 
ment entered into with or for the benefit of the Commis- 
sion, regardless of whether the contract, subcontract, or 
arrangement involved the expenditure of funds by the 
Commission, shall be vested in, and be the property of, 
the Commission, except that the Commission may waive 
its claim to any such invention or discovery under such 
circumstances as the Commission may deem appropriate, 
consistent with the policy of this section. No patent for 
any invention or discovery, useful in the production or 
utilization of special nuclear material or atomic energy, 
shall be issued unless the applicant files with the appli- 
cation, or within thirty days after request therefor by 
the Commissioner of Patents (unless the Commission 
advises the Commissioner of Patents that its rights have 
been determined and that accordingly no statement is 
necessary) a statement under oath setting forth the full 
facts surrounding the making or conception of the inven- 
tion or discovery described in the application and whether 
the invention or discovery was made or conceived in the 
course of or under any contract, subcontract, or arrange- 
ment entered into with or for the benefit of the Commis- 
sion, regardless of whether the contract, subcontract, or 
arrangement involved the expenditure of funds by the 
Commission. The Commissioner of Patents shall as soon 
as the application is otherwise in condition for allow- 
ance 69 forward copies of the application and the state- 
ment to the Commission. 

"The Commissioner of Patents may proceed with the 
application and issue the patent to the applicant (if the 
invention or discovery is otherwise patentable) unless 
the Commission, within 90 days after receipt of copies 
of the application and statement, directs the Commis- 
sioner of Patents to issue the patent to the Commission 
(if the invention or discovery is otherwise patentable) 
to be held by the Commission as the agent of and on 
behalf of the United States. 

"If the Commission files such a direction with the 
Commissioner of Patents, and if the applicant's state- 
ment claims, and the applicant still believes, that the 
invention or discovery was not made or conceived in the 



68 Public Law K7-206 (75 Stat. 47~) (19(H) <pc. 



ridded siihsf* *». 



69 Amended by Public Law 87-615 (76 Stat. 409) (1962), sec. 11. Prior 
to amendment word was "allowances". 



55 

course of or under any contract, subcontract or arrange- 
ment entered into with or for the benefit of the Commis- 
sion entitling the Commission to the title to the applica- 
tion or the patent the applicant may, within 30 days 
after notification of the filing of such a direction, request 
a hearing before a Board of Patent Interferences. The 
Board shall have the power to hear and determine 
whether the Commission was entitled to the direction 
filed with the Commissioner of Patents. The Board shall 
follow the rules and procedures established for inter- 
ference cases and an appeal may be taken by either the 
applicant or the Commission from the final order of the 
Board to the Court of Customs and Patent Appeals in 
accordance with the procedures governing the appeals 
from the Board of Patent Interferences. 

"If the statement filed by the applicant should there- 
after be found to contain false material statements any 
notification by the Commission that it has no objections 
to the issuance of a patent to the applicant shall not be 
deemed in an}^ respect to constitute a waiver of the pro- 
visions of this section or of any applicable civil or crim- 
inal statute, and the Commission may have the title to 
the patent transferred to the Commission on the records 
of the Commissioner of Patents in accordance with the 
provisions of this section. A determination of rights by 
the Commission pursuant to a contractual provision or 
other arrangement prior to the request of the Commis- 
sioner of Patents for the statement, shall be final in the 
absence of false material statements or nondisclosure of 
material facts by the applicant. 70 

70 Public Law 87-206 (75 Stat. 475) (1961), sec. 10, amended sec. 152. 
Before amendment this section read as follows : 

"Sec. 152. Inventions Conceived During Commission Contracts. — 
Any invention or discovery, useful in the production or utilization of 
special nuclear material or atomic energy, made or conceived under any 
contract, subcontract, arrangement, or other relationship with the Com- 
mission, regardless of whether the contract or arrangement involved the 
expenditure of funds by the Commission, shall be deemed to have been 
made or conceived by the Commission, except that the Commission may 
waive its claim to any such invention or discovery if made or conceive] by 
any person at or in connection with any labpratory under the jurisdiction 
of the Commission as provided in section 33, or under such other cir- 
cumstances as the Commission may deem appropriate. No patent for any 
invention or discovery, useful in the production or utilization of special 
nuclear material or atomic energy, shall be issued unless the applicant 
files with the application, or within 30 days after request therefor by the 
Commissioner of Patents, a statement under oath setting forth the full 
facts surrounding the making or conception of the invention or discovery 
described in the application and whether the invention or discovery was 
made or conceived in the course of, in connection with or under the Terms 
of any contract, subcontract, arrangement, or other relationship with the 
Commission, regardless of whether the contract or arrangement involved 
the expenditure of funds by the Commission. The Commissioner of 
Patents shall forthwith forward copies of the application and the state- 
ment to the Commission. 

"The Commissioner of Patents may proceed with the application and 
issue the patent to the applicant (if the invention or discovery is other- 
wise patentable) unless the Commission, within 90 days after receipt of 
copies of the application and statement, directs the Commissioner of 
Patents to issue the patent to the Commission (if the invention or dis- 
covery is otherwise patentable) to be held by the Commission as the agent 
of and on behalf of the United States. 

"If the Commission files such a direction with the Commissioner of 
Patents, and if the applicant's statement claims, and the applicant still 
believea, that the invention or discovery was not made or conceived in the 

(Continued) 



58 

?S?i5tio" 7 " Sec - 15 ' 3 - NoWtttttAitt Utilization.— 

8ec U 2i*8§' " a * ^ ie Commission may, after giving the patent 

owner an opportunity for a hearing, declare any patent 
to be affected with the public interest if (1) the inven- 
tion or discovery covered by the patent is of primary 
importance in the production or utilization of special 
nuclear material or atomic energy; and (2) the licensing 
of such invention or discovery under this section is of 
primary importance to effectuate the policies and pur- 
poses of this Act. 

"b. Whenever any patent has been declared affected 
with the public interest, pursuant to subsection 153 a. — 
*'(1) the Commission is hereby licensed to use 
the invention or discovery covered by such patent 
in performing any of its powers under this Act ; and 
"(2) any person may apply to the Commission 
for a nonexclusive patent license to use the invention 
or discovery covered by such patent, and the Com- 
mission shall grant such patent license to the extent 
that it finds that the use of the invention or dis- 
covery is of primary importance to the conduct of 
an activity by such person authorized under this 
Act. 
"o. Any person — 

"(1) who has made application to the Commis- 
sion for a license under sections 53, 62, 63, 81, 103, 
or 104, or a permit or lease under section 67; 

u (2) to whom such license, permit, or lease has 
been issued by the Commission ; 

u (3) who is authorized to conduct such activities 
as such applicant is conducting or proposes to con- 
duct under a general license issued by the Commis- 
sion under sections 62 or 81 ; or 

"(4) whose activities or proposed activities are 
authorized under section 31, 
may at any time make application to the Commission 
for a patent license for the use of an invention or discov- 
ery useful in the production or utilization of special 
nuclear material or atomic energy covered by a patent. 
Each such application shall set forth the nature and pur- 

( Continued) 

course of, in connection with, or under the terms of any contract, subcon- 
tract, arrangement, or other relationship with the Commission entitling 
the Commission to take title to the application or the patent the applicant 
may, within 30 days after notification of the filing of such a direction, 
request a hearing before a Board of Patent Interferences. The Board 
shall have the power to hear and determine whether the Commission was 
entitled to the direction filed with the Commissioner of Patents. The 
Board shall follow the rules and procedures established for interference 
cases and an appeal may be taken by either the applicant or the Com- 
mission from the final order of the Board to the Court of Customs and 
Patent Appeals in accordance with the procedures governing the appeals, 
from the Board of Patent Interferences. 

"If the statement filed by the applicant should thereafter be found to 
contain false material statements any notification by the Commission that 
it has no objections to the issuance of a patent to the applicant shall not 
be deemed in any respect to constitute a waiver of the provisions of this 
section or of any applicable civil or criminal statute, and the Commission 
may have the title to the patent transferred to the Commission on the 
records of the Commissioner of Patents in accordance with the provisions 
of this section." 



57 

pose of the use which the applicant intends to make of 
the patent license, the steps taken by the applicant to 
obtain a patent license from the owner of the patent, and 
a statement of the effects, as estimated by the applicant, 
on the authorized activities which will result from fail- 
ure to obtain such patent license and which will result 
from the granting of such patent license. 

"d, Whenever any person has made an application to 
the Commission for a patent license pursuant to sub- 
section 153 c. — 

"(1) the Commission, within 30 days after the 
filing of such application, shall make available to 
the owner of the patent all of the information con- 
tained in such application, and shall notify the owner 
of the patent of the time and place at which a hear- 
ing will be held by the Commission ; 

"(2) the Commission shall hold a hearing within 
60 days after the filing of such application at a time 
and place designated by the Commission ; and 

" ( 3 ) in the event an applicant applies for two or 
more patent licenses, the Commission may, in its 
discretion, order the consolidation of such applica- 
tions, and if the patents are owned by more than one 
owner, such owners may be made parties to one 
hearing, 
"e. If, after any hearing conducted pursuant to sub- 
section 153 d., the Commission finds that — 

"(1) the invention or discovery covered by the 
patent is of primary importance in the production or 
utilization of special nuclear material or atomic 
energy; 

"(2) the licensing of such invention or discovery 
is of primary importance to the conduct of the activi- 
ties of the applicant ; 

"(3) the activities to which the patent license are 
proposed to be applied by such applicant are of pri- 
mary importance to the furtherance of policies and 
purposes of this Act ; and 

"(4) such applicant cannot otherwise obtain a 
patent license from the owner of the patent on terms 
which the Commission deems to be reasonable for 
the intended use of the patent to be made by such 
applicant, 
the Commission shall license the applicant to use the 
invention or discovery covered by the patent for the pur- 
poses stated in such application on terms deemed equi- 
table by the Commission and generally not less fair than 
those granted by the patents or by the Commission to 
similar licensees for comparable use. 

"f . The Commission shall not grant any patent license 
pursuant to subsection 153 e. for any other purpose than 
that stated in the application. Nor shall the Commission 

65-234—76 5 



58 



Injunctions. 
42 U.S.C. 
sec. 2184. 



Prior art. 
42 U.S.C. 
sec. 2185. 



Commission 
patent licenses. 
42 U.S.C. 
sec. 2186. 



grant any patent license to any other applicant for a 
patent license on the same patent without an application 
being made by such applicant pursuant to subsection 
153 c, and without separate notification and hearing as 
provided in subsection 153 d., and without a separate 
finding as provided in subsection 153 e. 

"g. The owner of the patent affected by a declaration 
or a finding made by the Commission pursuant to sub- 
section 153 b. or 153 e. shall be entitled to a reasonable 
royalty fee from the licensee for any use of an invention 
or discovery licensed by this section. Such royalty fee 
may be agreed upon by such owner and the patent 
licensee, or in the absence of such agreement shall be 
determined for each patent license by the Commission 
pursuant to subsection 157 c. 

"h. The provisions of this section shall apply to any 
patent the application for which shall have been filed 
before September 1, 1979. 71 

"Sec. 154. Injunctions. — No court shall have jurisdic- 
tion or power to stay, restrain, or otherwise enjoin the 
use of any invention or discovery by a patent licensee, to 
the extent that such use is licensed by subsection 153 b. 
or 153 e. If, in any action against such patent licensee, the 
court shall determine that the defendant is exercising 
such license, the measure of damages shall be the royalty 
fee determined pursuant to subsection 157 c, together 
with such costs, interest, and reasonable attorney's fees 
as may be fixed by the court. If no royalty fee has been 
determined, the court shall stay the proceeding until the 
royalty fee is determined pursuant to subsection 157 c. 
If any such patent licensee shall fail to pay such royalty 
fee, the patentee may bring an action in any court of 
competent jurisdiction for such royalty fee, together 
with such costs, interest, and reasonable attorney's fees 
as may be fixed by the court. 

"Sec. 155. Prior Art. — In connection with applica- 
tions for patents covered by this Chapter, the fact that 
the invention or discovery was known or used before 
shall be a bar to the patenting of such invention or dis- 
covery even though such prior knowledge or use was 
under secrecy within the atomic energy program of the 
United States. 

u Sec. 156. Commission Patent Licenses. — The Com- 
mission shall establish standard specifications upon which 
it may grant a patent license to use any patent held by 
the Commission or declared to be affected with the pub- 



71 Public Law 86-50 (73 Stat. 81) (1959). sec. 114, amended subsec. 
153 h. by changing the date from Sept. 1, 1959, to Sept. 1, 1964. Public 
Law 88-394 (78 Stat. 376) (1964), sec. 1, amended subsec. 153 b. by 
changing the date from Sept. 1, 1964, to Sept. 1, 1969. Public Law 91- 
161 (83 Stat. 444) (1969), sec. 1, amended subsec. 153 h. by changing 
the date from Sept. 1, 1969, to Sept. 1, 1974. Public Law 93-377, sec. 6 
(88 Stat. 475) (1974), amended subsec. 153 h. by changing the date from 
Sept. 1, 1974 to Sept. 1, 1979. 



59 



62 Stat. 697. 



Eligibility. 



lie interest pursuant to subsection 153 a. Such a patent 
license shall not waive any of the other provisions of 
this Act. 

"Sec. 157. Compensation, Awards, and Royalties. — Compensation, 

"a. Patent Compensation Board. — The Commission Joyaitfes* 11 
shall designate a Patent Compensation Board to con- gec.^m. 
sider applications under this section. The members of 
the Board shall receive a per diem compensation for 
each day spent in meetings or conferences, and all mem- 
bers shall receive their necessary traveling or other ex- 
penses while engaged in the work of the Board. The 
members of the Board may serve as such without regard 
to the provisions of sections 281, 283, or 284: of Title 
18 of the United States Code, except in so far as such 
sections may prohibit any such member from receiving 
compensation in respect of any particular matter which 
directly involves the Commission or in which the Com- 
mission is directly interested. 

"b. Eligibility. — 

"(1) Any owner of a patent licensed under section 158 
or subsections 153 b. or 153 e., or any patent licensee 
thereunder may make application to the Commission for 
the determination of a reasonable royalty fee in accord- 
ance with such procedures as the Commission by regu- 
lation may establish. 

"(2) Any person seeking to obtain the just compensa- 
tion provided in section 151 shall make application 
therefor to the Commission in accordance with such 
procedures as the Commission may by regulation 
establish. 

"(3) Any person making any invention or discovery 
useful in the production or utilization of special nuclear 
materia] or atomic energy, who is not entitled to com- 
pensation or a royalty therefor under this Act and who 
has complied with the provisions of section 151 c. hereof 
may make application to the Commission for, and the 
Commission may grant, an award. The Commission may 
also, after consultation with 71a the General Advisory 
Committee, and with the approval of the President, grant 
an award for any especially meritorious contribution to 
the development, use, or control of atomic energy. 

"c. Standards. — 

"(1) In determining a reasonable royalty fee as pro- 
vided for in subsection 153 b., or 153 e., the Commission 
shall take into consideration (A) the advice of the Pat- 
ent Compensation Board; (B) any defense, general or 
special, that might be pleaded by a defendant in an 
action for infringement; (C) the extent to which, if any, 
such patent was developed through federally financed 
research; and (D) the degree of utility, novelty, and im- 



Standards. 



na Public Law 93-276 (88 Stat. 115) (1974), sec. 201, amended this 
section by substituting the words "after consultation with" for the words 
"upon the recommendation of". 



60 



Monopolistic 
use of patents. 
42 U.S.C. 

sec. 2188. 



Federally- 
financed 
research. 
42 U.S.C. 
sec. 2189. 



Saving 
clause. 
42 U.S.C. 
sec. 2190. 



portance of the invention or discovery, and may consider 
the cost to the owner of the patent of developing such 
invention or discovery or acquiring such patent. 

"(2) In determining what constitutes just compensa- 
tion as provided for in section 151, or in determining the 
amount of any award under subsection 157 b.(3), the 
Commission shall take into account the considerations 
set forth in subsection 157 c.(l) and the actual use of 
such invention or discovery. Such compensation may be 
paid by the Commission in periodic payments or in 
a lump sum. 

"d. Period of Limitations. — Every application under 
this section shall be barred unless filed within six years 
after the date on which first accrues the right of such 
reasonable royalty fee, just compensation, or award for 
which such application is filed. 72 

"Sec. 158. Monopolistic Use of Patents. — Whenever 
the owner of any patent hereafter granted for any inven- 
tion or discovery of primary use in the utilization or 
production of special nuclear material or atomic energy 
is found by a court of competent jurisdiction to have 
intentionally used such patent in a manner so as to vio- 
late any of the antitrust laws specified in subsection 105 
a., there may be included in the judgment of the court, in 
its discretion and in addition to any other lawful sanc- 
tions, a requirement that such owner license such patent 
to any other licensee of the Commission who demon- 
strates a need therefor. If the court, at its discretion, 
deems that such licensee shall pay a reasonable royalty to 
the owner of the patent, the reasonable royalty shall be 
determined in accordance with section 157. 73 

"Sec. 159. Federally Financed Research. — Nothing 
in this Act shall affect the right of the Commission to 
require that patents granted on inventions made or con- 
ceived during the course of federally financed research 
or operations, be assigned to the United States. 

"Sec. 160. Saving Clause. — Any patent application on 
which a patent was denied by the United States Patent 
Office under sections 11 (a) (1), 11 (a) (2), or 11 (b) of 
the Atomic Energy Act of 1946, 74 and which is not pro- 
hibited by section 151 or section 155 of this Act may be 
reinstated upon application to the Commissioner of Pat- 
ents within one year after enactment of this Act and 
shall then be deemed to have been continuously pending 
since its original filing date : Provided, hoivever, That no 
patent issued upon any patent application so reinstated 
shall in any way furnish a basis of claim against the 
Government of the United States. 



" Public Law 87-206 (75 Stat. 475) (1961), sec. 11, added subsec. 4. 

73 The second sentence of sec. 158 was amended by Public Law 87-206 
(75 Stat. 475) (1961), sec. 12. Prior to amendment, it read: "Such 
licensee shall pay a reasonable royalty fee to be determined in accordance 
with section 157, to the owner of the patent. 

« See Atomic Energy Act of 1946, appendix B, infra, sec. 11. 



61 

"CHAPTER 14. GENERAL AUTHORITY 

"Sec. 161. General Provisions. — In the performance General 
of its functions the Commission is authorized to — 42°u.s°c 8 ' 

u a. establish advisory boards to advise with and 8ec - 2201 - 
make recommendations to the Commission on legis- 
lation, policies, administration, research, and other 
matters, provided that the Commission issues regu- 
lations setting forth the scope, procedure, and limita- 
tions of the authority of each such board ; 

"b. establish by rule, regulation, or order, such 
standards and instructions to govern the possession 
and use of special nuclear material, source material, 
and byproduct material as the Commission may 
deem necessary or desirable to promote the common 
defense and security or to protect health or to mini- 
mize danger to life or property ; 

"c. make such studies and investigations, obtain 
such information, and hold such meetings or hear- 
ings as the Commission may deem necessary or 
proper to assist it in exercising any authority pro- 
vided in this Act, or in the administration or 
enforcement of this Act, or any regulations or orders 
issued thereunder. For such purposes the Commis- 
sion is authorized to administer oaths and affirma- 
tions, and by subpena to require any person to 2 _ gtat 443 
appear and testify, or to appear and produce docu- 49 u.s.c. 4e! 
ments, or both, at any designated place. Witnesses 
subpenaed under this subsection shall be paid the 
same fees and mileage as are paid witnesses in the 
district courts of the United States ; 74a 

"d. appoint and fix the compensation of such offi- 
cers and employees as may be necessary to carry out 
the functions of the Commission. Such officers and 
employees shall be appointed in accordance with the 
civil-service laws and their compensation fixed in 
accordance with the Classification Act of 1949, as 
amended, except that, to the extent the Commission 80 stat 448 
deems such action necessary to the discharge of its 5 u.s.c. 5101. 
responsibilities, personnel may be employed and 
their compensation fixed without regard to such 
laws: Provided, however, That no officer or em- 
ployee (except such officers and employees whose 
compensation is fixed by law, and scientific and 
technical personnel up to a limit of the highest rate 

« a Public Law 91-452 (84 Stat. 922) (1970), sec. 23'7, The Organized 
Crime Control Act of 1970, deleted the following sentence from subsec. 
161 c. "No person shall be excused from complying with any requirements 
under this paragraph because of his privilege against self-incrimination, 
but the immunity provisions of the Compulsory Testimony Act of Febru- 
ary 11, 1S>93, shall apply with respect to any individual who specifically 
claims such privilege." 



62 

of grade 18 of the General Schedule of the Classi- 
fication Act of 1949, as amended 75 ) whose position 
would be subject to the Classification Act of 1949, 
as amended, if such Act were applicable to such 
position, shall be paid a salary at a rate in excess 
of the rate payable under such Act for positions of 
equivalent difficulty or responsibility. Such rates of 
compensation may be adopted by the Commission 
as may be authorized by the Classification Act of 
1949, as amended, as of the same date such rates are 
authorized for positions subject to such Act. 76 The 
Commission shall make adequate provision for ad- 
ministrative review of any determination to dismiss 
any employee; 

"e. acquire such material, property, equipment, 
and facilities, establish or construct such buildings 
and facilities, and modify such buildings and facili- 
ties from time to time, as it may deem necessary, and 
construct, acquire, provide, or arrange for such facil- 
ities and services (at project sites where such facili- 
ties and services are not available) for the housing, 
health, safety, welfare, and recreation of personnel 
employed by the Commission as it may deem neces- 
sary, subject to the provisions of section 174: Pro- 
vided, however, That in the communities owned by 
the Commission, the Commission is authorized to 
grant privileges, leases and permits upon adjusted 
terms which (at the time of the initial grant of any 
privilege, grant, lease, or permit, or renewal thereof, 
or in order to avoid inequities or undue hardship 
prior to the sale by the United States of property 
affected by such grant) 77 are fair and reasonable to 
responsible persons to operate commercial businesses 
without advertising and without advertising (sic) 
and without securing competitive bids, but taking 
into Consideration, in addition to the price, and 
among other things (1) the quality and type of 
services required by the residents of the community, 
(2) the experience of each concession applicant in 
the community and its surrounding area, (3) the 
ability of the concession applicant to meet the needs 
of the community, and (4) the contribution the Con- 



's Public Law 87-793 (76 Stat. 832) (1962), sec. 1001 (g). added the 
words "up to a limit of the highest rate of grade 18 of the General 
Schedule of tho Classification Act of 1949. as amended". Prior to this 
amendment a limitation of. $19,000 had been imposed by Public Law 
85-2S7 (71 Stat. 612) (1957). sec. 4. 

™ Public Law 85-681 (72 Stat. 633) (1968), sec. __, amended subsec. 
161 d. bv inserting this sentence. 

"Public Law 85-162 (71 Stat. 403) (1957), sec. 201, added the clause 
"(at the time of the initial grant of any privilege grant, lease, or permit, 
or renewal thereof or in order to avoid inequities or undue hardship 
prior to the sale by the United States of property affected by such 
grant". 



63 

cession applicant has made or will make to the other 
activities and general welfare of the community ; 78 
"f. with the consent of the agency concerned, 
utilize or employ the services of personnel of any 
Government agency or any State or local govern- 
ment, or voluntary or uncompensated personnel, to 
perform such functions on its behalf as may appear 
desirable ; 

"g. acquire, purchase, lease, and hold real and 
personal property, including patents, as agent of and 
on behalf of the United States, 79 subject to the provi- 
sions of section 174, and to sell, lease, grant, and dis- 
pose of such real and personal property as provided 
in this Act: 

"h. consider in a single application one or more of 
the activities for which a license is required by this 
Act, combine in a single license one or more of such 
activities, and permit the applicant or licensee to 
incorporate by reference pertinent information 
already filed with the Commission ; 

"i. prescribe such regulations or orders as it may 
deem necessary (1) to protect Restricted Data 
received by any person in connection with any 
activity authorized pursuant to this Act, (2) to 
guard against the loss or diversion of any special 
nuclear material acquired by any person pursuant 
to section 53 or produced by any person in connec- 
tion with any activity authorized pursuant to this 
Act, to prevent any use or disposition thereof which 
the Commission may determine to be inimical to the 
common defense and security, including regulations 
or orders designating activities, involving quantities 
of special nuclear material which in the opinion of 
the Commission are important to the common 
defense and security, that may be conducted only by 
persons whose character, associations, and loyalty 
shall have been investigated under standards and 
specifications established by the Commission and as 
to whom the Commission shall have determined that 
permitting each such person to conduct the activity 
will not be inimical to the common defense and secu- 
rity , 79a and (3) to govern any activity authorized 
pursuant to this Act, including standards and 
restrictions governing the design, location, and oper- 
ation of facilities used in the conduct of such activ- 
ity, in order to protect health and to minimize 
danger to life or property ;". 



™ Public Law 84-722 (70 Stat. 553) (1956), amended sec. 161 e. by 
adding the proviso clause. 

•°The text of Executive Order 9816, providing for the transfer of prop- 
erties and personnel of the Manhattan Engineer District to the Atomic 
Energy Commission on January 1, 1947, will be found in appendix F. 
infra. 

• 0a Sec. 7 of Public Law 93-377 (88 Stat. 475) (1974) amennVd subsec. 
J 01 i. by adding the phrase beginning with the word "including" and 
ending with the word "security" the second time it appears thereafter. 



64 

40 u!l!c. 3 47i "J- without regard to the provisions of the Federal 

note, 488. Property and Administrative Services Act of 1949, 

as amended, except section 207 of that Act, or any 
other law, make such disposition as it may deem 
desirable of (1) radioactive materials, and (2) any 
other property, the special disposition of which is, 
in the opinion of the Commission, in the interest of 
the national security: Provided, however. That the 
property furnished to licensees in accordance with 
the provisions of subsection 161 m. shall not be 
deemed to be properly disposed of by the Commis- 
sion pursuant to this subsection; 

"k. authorize such of its members, officers, and 
employees as it deems necessary in the interest of 
the common defense and security to carry firearms 
while in the discharge of their official duties. The 
Commission may also authorize such of those em- 
ployees of its contractors engaged in the protection 
of property owned by the United States and located 
at facilities owned by or contracted to the United 
States as it deems necessary in the interests of the 
common defense and security to carry firearms while 
in the discharge of their official duties; 

"m. so enter into agreements with persons licensed 
under Section 103, 104. 53 a. (4), or 63 a. (4) 81 for 
such periods of time as the Commission may deem 
necessary or desirable (1) to provide for the proc- 
essing, fabricating, separating, or refining in facili- 
ties owned by the Commission of source, byproduct, 
or other material or special nuclear material owned 
by or made available to such licensees and which is 
utilized or produced in the conduct of the licensed 
activity, and (2) to sell, lease, or otherwise make 
available to such licensees such quantities of source 
or byproduct material, and other material not de- 
fined as special nuclear material pursuant to this 
Act. as may be necessary for the conduct of the 
licensed activity : Provided, however. That any such 
agreement may be canceled by the licensee at any 
time upon payment of such reasonable cancellation 
charges as may be agreed upon by the licensee and 
the Commission : And provided further. That the 

"Public Law S7-456 (76 Stat. 72) (1962). see. 303(c). the Tariff 
Classification Act of 1962. repealed sec. 161 1. effective on the 10 day 
following a Presidential proclamation concerning tariff schedules, import 
restrictions and related matters. This proclamation was issued on Au- 
gust 21. 1963 (3 C.F.R.. Proclamation 354S). 

Sec. 161 1. read as follows : 

"1. Secure the admittance free of duty into the United States of pur- 
chases made abroad of source materials, upon certification to the Sec- 
retary of the Treasury that such entry is necessary in the interest of the 
common defense and securitv :". 

S1 Public Law S6-300 (73 Stat. 574 (1959). sec. 1. amended subsec. 
161 m. to authorize agreements with persons licensed under sees. 53 a. 
(4) or 63 a. (4) as well as under sees. 103 or 104. 



65 

Commission shall establish prices to be paid by 
licensees for material or services to be furnished by 
the Commission pursuant to this subsection, which 
prices shall be established on such a nondiscrimi- 
natory basis as, in the opinion of the Commission, 
will provide reasonable compensation to the Govern- 
ment for such material or services and will not dis- 
courage the development of sources of supply inde- 
pendent of the Commission; 

"n. 82 delegate to the General Manager or other offi- 
cers of the Commission any of those functions as- 
signed to it under this Act except those specified in 
sections 51, 57 b., 83 61, 83a 108, 123, 145b. (with respect 
to the determination of those persons to whom the 
Commission may reveal Restricted Data in the na- 
tional interest) , 145 f ., 84 and 161 a. ; 

"o. require by rule, regulation, or order, such re- 
ports, and the keeping of such records with respect 
to, and to provide for such inspections of, activities 
and studies of types specified in section 31 and of 
activities under licenses issued pursuant to sections 
53, 63, 81, 103, and 104, as may be necessary to effectu- 
ate the purposes of this Act, including section 105 ; 
and 

"p. make, promulgate, issue, rescind, and amend 
such rules and regulations as may be necessary to 
carry out the purposes of this Act. 

"q. The Commission is authorized and empow- Easements for 
ered, under such terms and conditions as are deemed 
advisable by it, to grant easements for rights-of-way 
over, across, in, and upon acquired lands under its 
jurisdiction and control, and public lands perma- 
nently withdrawn or reserved for the use of the 
Commission, to any State, political subdivision 
thereof, or municipality, or to any individual, part- 
nership, or corporation of any State, Territory, or 
possession of the United States, for (a) railroad 



rights-of-way, 



82 Public Law S5-507 (72 Stat. 327) (1958), sec. 21. repealed former 
subsec. 161 n., and relettered subsequent subsections accordingly. 

Subsec. 161 n. read as follows : "n. assign scientific, technical, profes- 
sional, and administrative employees for instruction, education, or train- 
ing by public or private agencies, institutions of learning, laboratories, 
or industrial or commercial organizations and to pay the whole or any 
part of the salaries of such emyployees, costs of their transportation and 
per diem in lieu of subsistence in accordance with applicable laws and 
regulations, and training charges incident to their assignments (includ- 
ing tuition and other related fees) : Provided, however. That (1) not 
more than one per centum of the eligible employees shall be so assigned 
during any fiscal year, and (2) any such assignment shall be approved 
in advance by the Commission or shall be in accordance with a training 
program previously approved by the Commission: And provided further, 
That appropriations or other funds available to the Commission for sal- 
aries or expenses shall be available for the purposes of this snhseetion :" 

83 Public Law 00-190 (81 Stat. 575) (1967). sec. 11. amended sec. 
161 n. by striking out "57 a. (3)" and inserting in lieu thereof "57 b." 

838 Public Law 91-560 (84 Stat. 1472) (1970), sec. 7. amended subsec. 
161 n. by striking out at this point the following: "102 (with respect to 
the finding of practical value).". 

84 Amended by Public Law 87-615 (76 Stat. 409) (1962), sec. 12. Prior 
to amendment reference was to "145 e.". 



66 

tracks; (b) oil pipe lines ; (c) substations for electric 
power transmission lines, telephone lines, and tele- 
graph lines, and pumping stations for gas, water, 
sewer, and oil pipe lines; (d) canals; (e) ditches; 
(f) flumes; (g) tunnels; (h) dams and reservoirs in 
connection with fish and wildlife programs, fish 
hatcheries, and other fish-cultural improvements; 
(i) roads and streets; and (j) for any other purpose 
or purposes deemed advisable by the Commission: 
Provided, That such rights-of-way shall be granted 
only upon a finding by the Commission that the 
same will not be incompatible with the public inter- 
est : Provided further, That such rights-of-way shall 
not include any more land than is reasonably neces- 
sary for the purpose for which granted: And 
provided further, That all or any part of such 
rights-of-way may be annulled and forfeited by the 
Commission for failure to comply with the terms 
and conditions of any grant hereunder or for nonuse 
for a period of two consecutive years or abandon- 
ment of rights granted under authority hereof. 
Copies of all instruments granting easements over 
public lands pursuant to this section shall be fur- 
nished to the Secretary of the Interior. 85 

"r. Under such regulations and for such periods 
and at such prices the Commission may prescribe, 
the Commission may sell or contract to sell to pur- 
chasers within Commission-owned communities or 
in the immediate vicinity of the Commission com- 
munity, as the case may be, any of the following 
utilities and related services, if it is determined that 
they are not available from another local source and 
that the sale is in the interest of the national defense 
or in the public interest : 

" ( 1 ) Electric power. 

"(2) Steam. 

"(3) Compressed air. 

"(4) Water. 

"(5) Sewage and garbage disposal. 

"(6) Natural, manufactured, or mixed gas. 
. "(7) Ice. 

"(8) Mechanical refrigeration. 

"(9) Telephone service. 
"Proceeds of sales under this subsection shall be 
credited to the appropriation currently available for 
the supply of that utility or service. To meet local 
needs the Commission may make minor expansions 
and extensions of any distributing system or facility 
within or in the immediate vicinity of a Commis- 



85 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 4, added subsec. q. 
(originally subsec. r.). 



67 



Processing 
contracts. 



sion-owned community through which a utility or 
service is furnished under this subsection. S6 

"s. establish a plan for a succession of authority s ";-'"^|°n of 

, . , .,, l , . , . . ,.i authority. 

which will assure the continuity of direction of the 
Commission^ operations in the event of a national 
disaster due to enemy activity. Notwithstanding any 
other provision of this Act, the person or persons 
succeeding to command in the event of disaster in 
accordance with the plan established pursuant to 
this subsection shall be vested with all of the author- 
ity of the Commission : Provided, That any such suc- 
cession to authority, and vesting of authority shall 
be effective only in the event and as long as a quorum 
of three or more members of the Commission is 
unable to convene and exercise direction during the 
disaster period: Provided further, That the disaster 
period includes the period when attack on the United 
States is imminent and the post-attack period neces- 
sary to reestablish normal lines of command; 87 

"t. enter into contracts for the processing, fabri- 
cating, separating, or refining in facilities owned by 
the Commission of source, b}'product or other mate- 
rial, or special nuclear material, in accordance with 
and within the period of an agreement for coopera- 
tion while comparable services are available to per- 
sons licensed under section 103 or 104: Provided, 
That the prices for services under such contracts 
shall be no less than the prices currently charged by 
the Commission pursuant to section 161m. ; 87 

"u. (1) enter into contracts for such periods of Long term 
time as the Commission may deem necessary or authority. 
desirable, but not to exceed five years from the date of 
execution of the contract, for the purchase or acquisi- 
tion of reactor services or services related to or 
required by the operation of reactors; 

"(2) (A) enter into contracts for such periods of 
time as the Commission may deem necessary or 
desirable for the purchase or acquisition of any sup- 
plies, equipment, materials, or services required by 
the Commission whenever the Commission deter- 
mines that: (i) it is advantageous to the Govern- 
ment to make such purchase or acquisition from com- 
mercial sources ; (ii) the furnishing of such supplies, 
equipment, materials, or services will require the 
construction or acquisition of special facilities by the 
vendors or suppliers thereof; (iii) the amortization 
chargeable to the Commission constitutes an appre- 
ciable portion of the cost of contract performance. 



m Public Law 85-162 (71 Stat. 403) (1957). sec. 204, added subsec. r. 
(originally suhsec. s. ). 

w Public Law 85-681 (72 Stat. 632) (1058), sec. 7. amended sec. 101 
by adding new subsecs. t.. u.. and v. Public Law S7-206 (75 Stat. 475) 
(1961), sec. 13 1 . changed the designation of subsecs. t., u.. and v. to 
subsecs. s., t.. and u., respectively. 



68 

excluding cost of materials; and (iv) the contract 
for such period is more advantageous to the Govern- 
ment than a similar contract not executed under the 
authority of this subsection. Such contracts shall be 
entered into for periods not to exceed five years each 
from the date of initial delivery of such supplies, 
equipment, materials, or services or ten years from 
the date of execution of the contracts excluding 
periods of renewal under option. 

"(B) In entering into such contracts the Com- 
mission shall be guided by the following principles : 
(i) the percentage of the total cost of special facili- 
ties devoted to contract performance and charge- 
able to the Commission should not exceed the ratio 
between the period of contract deliveries and the 
anticipated useful life of such special facilities; (ii) 
the desirability of obtaining options to renew the 
contract for reasonable periods at prices not to in- 
clude charges for special facilities already amor- 
tized; and (iii) the desirability of reserving in the 
Commission the right to take title to the special 
facilities under appropriate circumstances; and 

"(3) include in contracts made under this sub- 
section provisions which limit the obligation of 
funds to estimated annual deliveries and services and 
the unamortized balance of such amounts due for 
special facilities as the parties shall agree is charge- 
able to the performance of the contract. Any appro- 
priation available at the time of termination or 
thereafter made available to the Commission for 
operating expenses shall be available for payment of 
such costs which may arise from termination as the 
contract may provide. The term 'special facilities' 
as used in this subsection means any land and any 
depreciable buildings, structures, utilities, machin- 
ery, equipment, and fixtures necessary for the pro- 
duction or furnishing of such supplies, equipment, 
materials, or services and not available to the vendors 
or suppliers for the performance of the contract. 88 
contract^ " v . (A) enter into contracts with persons licensed 

under sections 53, 63, 103 or 104 for such periods of 
time as the Commission may deem necessary or de- 
sirable to provide, after December 31, 1968, for the 
producing or enriching of special nuclear material 
in facilities owned by the Commission; and 

"(B) enter into contracts to provide, after De- 
cember 31, 1968, for the producing or enriching of 
special nuclear material in facilities owned by the 
Commission in accordance with and within the 
period of an agreement for cooperation arranged 



authority. 



See footnote 87, supra. 



69 

pursuant to section 123 while comparable services 
are made available pursuant to paragraph (A) of 
this subsection : 
Provided, That (i) prices for services under paragraph 
(A) of this subsection shall be established on a nondis- 
criminatory basis; (ii) prices for services under para- 
graph (B) of this subsection shall be no less than prices 
under paragraph (A) of this subsection; and (iii) any 
prices established under this subsection shall be on a 
basis of recovery of the Government's costs over a rea- 
sonable period of time : 88a And provided further, That 
the Commission, to the extent necessary to assure the 
maintenance of a viable domestic uranium industry, shall 
not offer such services for source or special nuclear ma- 
terials of foreign origin intended for use in a utilization 
facility within or under the jurisdiction of the United 
States. The Commission shall establish criteria in writing 
setting forth the terms and conditions under which serv- 
ices provided under this subsection shall be made avail- 
able including the extent to which such services will be 
made available for source or special nuclear material of 
foreign origin intended for use in a utilization facility 
within or under the jurisdiction of the United States: 
Provided, That before the Commission establishes such 
criteria, the proposed criteria shall be submitted to the 
Joint Committee, and a period of forty-five days shall 
elapse while Congress is in session (in computing the 
forty-five days there shall be excluded the days in which 
either House is not in session because of adjournment for 
more than three days) unless the Joint Committee by 
resolution in writing waives the conditions of, or all or 
any portion of, such forty-five day period. 89 

"w. prescribe and collect from any other Govern- 
ment agency, which applies for or is issued a license 
for a utilization facility designed to produce elec- 
trical or heat energy pursuant to section 103 or 104b, 
any fee, charge, or price which it may require, in ac- 
cordance with the provisions of section 483a of title 
31 of the United States Code or any other law, of 
applicants for, or holders of, such licenses. 89a 
"Sec. 162. Contracts. — The President may, in ad- contracts, 
vance, exempt any specific action of the Commission in sec. U 22o£ 
a particular matter from the provisions of law relating 
to contracts whenever he determines that such action is 
essential in the interest of the common defense and 
security. 

88,1 Public Law 91-560 (84 Stat. 1472) (1970), sec. 8, amended this 
proviso by deleting after the word "basis" the following : "which will 
provide reasonable compensation to the Government" and substituting 
therefor the language appearing above. 

» Public Law 88-489 (78 Stat. 602) (1964), sec. 16, added subsec. v. 

89a Public Law 92-314 (86 Stat. 222) (1972), sec. 301, added subsec. w. 



70 



Advisory 
committees. 
42 U.S.C. 
sec. 2203. 



62 Stat. 69; 



Electric utility 
contracts. 
42 U.S.C. 
sec. 2204. 



31 U.S.C. 665. 



"Sec. 163. Advisory Committees. — The members of the 
General Advisory Committee established pursuant to 
section 26 and the members of advisory boards estab- 
lished pursuant to section 161 a. may serve as such with- 
out regard to the provisions of sections 281, 283, or 284 
of Title 18 of the United States Code, except insofar as 
such sections may prohibit any such member from receiv- 
ing compensation from a source other than a nonprofit 
educational institution 90 in respect of any particular 
matter which directly involves the Commission or in 
which the Commission is directly interested. 91 

"Sec. 164. Electric Utility Contracts. — The Com- 
mission is authorized in connection with the construction 
or operation of the Oak Ridge, Paducah, and Portsmouth 
installations of the Commission, without regard to sec- 
tion 3679 of the Revised Statutes, as amended, to enter 
into new contracts or modify or confirm existing con- 
tracts to provide for electric utility services for periods 
not exceeding twenty-five years, and such contracts shall 
be subject to termination by the Commission upon pay- 
ment of cancellation costs as provided in such contracts, 
and any appropriation presently or hereafter made avail- 
able to the Commission shall be available for the payment 
of such cancellation costs. Any such cancellation pay- 
ments shall be taken into consideration in determination 
of the rate to be charged in the event the Commission or 
any other agency of the Federal Government shall pur- 
chase electric utility services from the contractors subse- 
quent to the cancellation and during the life of the 
original contract. The authority of the Commission 
under this section to enter into new contracts or modify 
or confirm existing contracts to provide for electric util- 
ity services includes, in case such electric utility services 
are to be furnished to the Commission by the Tennessee 
Valley Authority, authority to contract with any nerson 
to furnish electric utility services to the Tennessee Valley 
Authority in replacement thereof. Any contract here- 
after entered into by the Commission pursuant to this 
section shall be submitted to the Joint Committee and a 
period of thirty days shall elapse while Congress is in 
session (in computing such thirty days, there shall be 
excluded the days on which either House is not in session 
because of adjournment for more than three days) before 
the contract of the Commission shall become effective: 



90 Public Law S6-300 (73 Stat. 574) (1959), sec. 2, amended sec. 163 
by inserting after the words "from receiving compensation" the words 
"from a source other than a nonprofit educational institution". 

81 Public Law S7-S49 (76 Stat. 1119) (1962). sec. 2, revised the exist- 
ing conflict of interest laws. All exemptions from the provisions of sees. 
281. 2S3 and 2S4 of Title IS of the U.S. Code are deemed to be exemptions 
from the corresponding sections of the new conflict of interest law 
"except to the extent that they affect officers or employees of the execu- 
tive branch of the United States Government [or] of any independent 
agency of the United States, * * * as to whom they are no longer ap- 
plicable. ' 



71 



Provided, however, That the Joint Committee, after hav- 
ing received the proposed contract, may by resolution in 
writing, waive the conditions of or all or any portion of 
such thirty-day period. 

"Sec. 165. Contract Practices. — 

"a. In carrying out the purposes of this Act the Com- 
mission shall not use the cost-plus-percentage-of-cost 
system of contracting. 

u b. No contract entered into under the authority of this 
Act shall provide, and no contract entered into under the 
authority of the Atomic Energy Act of 1946, as 
amended, shall be modified or amended after the date 
of enactment of this Act to provide, for direct payment 
or direct reimbursement by the Commission of any Fed- 
eral income taxes on behalf of any contractor performing 
such contract for profit. 

"Sec. 166. Comptroller General Audit. — No moneys 
appropriated for the purposes of this Act shall be avail- 
able for payments under any contract with the Commis- 
sion, negotiated without advertising, except contracts 
with any foreign government or any agency thereof and 
contracts with foreign producers, unless such contract 
includes a clause to the effect that the Comptroller Gen- 
eral of the United States or any of his duly authorized 
representatives shall, until the expiration of three years 
after final payment, have access to and the right to ex- 
amine any directly pertinent books, documents, papers, 
and records of the contractor or any of his subcontractors 
engaged in the performance of, and involving transac- 
tions related to such contracts or subcontracts: Pro- 
vided, however, That no moneys so appropriated shall be 
available for payment under such contract which includes 
any provision precluding an audit by the General Ac- 
counting Office of any transaction under such contract: 
And provided further, That nothing in this section shall 
preclude the earlier disposal of contractor and subcon- 
tractor records in accordance with records disposal 
schedules agreed upon between the Commission and the 
General Accounting Office. 92 

"Sec. 167. Claims Settlements. — The Commission, 
acting on behalf of the United States, is authorized to 
consider, ascertain, adjust, determine, settle, and pay, any 
claim for money damage of $5,000 or less against the 
United States for bodily injury, death, or damage to or 
loss of real or personal property resulting from any 
detonation, explosion, or radiation produced in the con- 
duct of any program undertaken by the Commission in- 
volving the detonation of an explosive device, where such 
claim is presented to the Commission in writing within 
one year after the accident or incident out of which the 
claim arises : Provided, however, That the damage to or 



Contract 
practices. 
42 U.S.C 
eec. 2205. 



60 Stat. 755. 



Comptroller 

General 

audit. 

42 U.S.C. 
eec. 2206. 



42 U.S.C. 
sec. 2207. 



92 Public Law 85-6S1 (72 Stat. 632) (195S), sec. 8, amended sec. 166 
by adding the second proviso clause. 



72 



Payments in 
lieu of taxes. 
42 U.S.C. 
sec. 2208. 



No subsidy. 

42 U.s.C. 
sec. 2209. 



42 U.S.C. 
sec. 2210. 



loss of property, or bodily injury or death, shall not have 
been caused in whole or in part by any negligence or 
wrongful act on the part of the claimant, his agents, or 
employees. Any such settlement under the authority of 
this section shall be final and conclusive for all purposes, 
notwithstanding any other provision of law to the con- 
trary. If the Commission considers that a claim in ex- 
cess of $5,000 is meritorious and would otherwise be cov- 
ered by this section, the Commission may report the facts 
and circumstances thereof to the Congress for its 
consideration. 93 

"Sec. 168. Payments in Lieu of Taxes. — In order to 
render financial assistance to those States and localities 
in which the activities of the Commission are carried on, 
and in which the Commission has acquired property pre- 
viously subject to State and local taxation, the Commis- 
sion is authorized to make payments to State and local 
governments in lieu of property taxes. Such payments 
may be in the amounts, at the times, and upon the terms 
the Commission deems appropriate, but the Commission 
shall be guided by the policy of not making payments in 
excess of the taxes which would have been payable for 
such property in the condition in which it was acquired, 
except in cases where special burdens have been cast upon 
the State or local government by activities of the Com- 
mission, the Manhattan Engineer District or their agents. 
In any such case, any benefit accruing to the State or local 
government by reason of such activities shall be con- 
sidered in determining the amount of the payment. 

"Sec. 169. No Subsidy. — No funds of the Commission 
shall be employed in the construction or operation of 
facilities licensed under section 103 or 104 except under 
contract or other arrangement entered into pursuant to 
section 31. 

"Sec. 170. Indemnification and Limitation of Lia- 
bility. 94 — 

"a. Each' license issued under section 103 or 104 and 
each construction permit issued under section 185 shall, 
and each license issued under section 53, 63, or 81 may, 
for the public purposes cited in subsection 2i. of the 
Atomic Energy Act of 1954, as amended, have as a con- 
dition of the license a requirement that the licensee have 



9 3 Public Law 87-206 (75 Stat. 474) (1961), sec. 14, amended sec. 167. 
Prior to amendment this section read as follows : 

"Sec. 167. Claim Settlements. — The Commission, acting on behalf 
of the United States, is authorized to consider, ascertain, adjust, deter- 
mine, settle, and pay, any claim for money damage of $5,000 or less 
against the United States for bodily injury, death, or damage to or loss 
of real or personal property resulting from any detonation, explosion, or 
radiation produced in the conduct of the Commission's program for testing 
atomic weapons, where such claim is presented to the Commission in 
writing within one year after the accident or incident out of which the 
claim arises : Provided, however, That the damage to or loss of property, 
or bodily injury or death, shall not have been caused in whole or in part 
by any negligence or wrongful act on the part of the claimant, his agents, 
or employees. Any such settlement under the authority of this section 
shall be final and conclusive for all purposes, notwithstanding any other 
provision of law to the contrary." 

84 Public Law 85-256 (71 Stat, 576) (1957), sec. 4, added sec. 170. 



73 



and maintain financial protection of such type and in 
such amounts as the Commission in the exercise of its 
licensing and regulatory authority and responsibility 
shall require in accordance with subsection 170 b. to cover 
public liability claims. Whenever such financial protec- 
tion is required, it may be a further condition of the li- 
cense that the licensee execute and maintain an indemni- 
fication agreement in accordance with subsection 170 c. 
The Commission may require, as a further condition of 
issuing a license, that an applicant waive any immunity 
from public liability conferred by Federal or State 
law. 94a 

"b. The amount of financial protection required shall 
be the amount of liability insurance available from pri- 
vate sources, except that the Commission may establish 
a lesser amount on the basis of criteria set forth in writ- 
ing, which it may revise from time to time, taking into 
consideration such factors as the following: (1) the cost 
and terms of private insurance, (2) the type, size, and 
location of the licensed activity and other factors per- 
taining to the hazard, and (3) the nature and purpose of 
the licensed activity: Provided, That for facilities 
designed for producing substantial amounts of electricity 
and having a rated capacity of 100,000 electrical kilo- 
watts or more, the amount of financial protection 
required shall be the maximum amount available at 
reasonable cost and on reasonable terms from private 
sources. Such financial protection may include private 
insurance, private contractual indemnities, self insur- 
ance, other proof of financial responsibility, or a combi- 
nation of such measures and shall be subject to such terms 
and conditions as the Commission may, by rule, regula- 
tion, or order, prescribe. In prescribing such terms and 
conditions for licensees required to have and maintain 
financial protection equal to the maximum amount of lia- 
bility insurance available from private sources, the Com- 
mission shall, by rule initially prescribed not later than 
twelve months from the date of enactment of this .Vet, 
include, in determining such maximum amount, private 
liability insurance available under an industry retrospec- 
tive rating plan providing for premium charges deferred 
in whole or major part until public liability from a nu- 
clear incident exceeds or appears likely to exceed the level 
of the primary financial protection required of the licen- 
see involved in the nuclear incident : Provided, That such 

94a Public Law 94-197 (89 Stat. 1111) (1975), Sec. 2, amended sub- 
section 170 a. Prior to amendment, subsection 170 a. read as follows : 

"a. Each license issued under section 103 or 104 and each construction 
permit issued under section 185 shall, and each license issued under sec- 
tion 53, 63, or 81 may, have as a condition of the license a requirement 
that the licensee have and maintain financial protection of such type and 
in such amounts as the Commission shall require in accordance with sub- 
section 170 b. to cover public liability claims. Whenever such financial 
protection is required, it shall be a further condition of the license that 
the licensee execute and maintain an indemnification agreement in ac- 
cordance with subsection 170 c. The Commission may require, as a fur- 
ther condition of issuing a license, that an applicant waive any immunity 
from public liability conferred by Federal or State law." 

Gu 23*4— 76 J 



Indemnifica- 
tion agree- 
ment. 



Waiver. 



Liability 
iiiMjrance 



74 

insurance is available to, and required of, all of the licen- 
sees of such facilities without regard to the manner in 
which they obtain other types or amounts of such finan- 
cial protection : And provided further, That the standard 
deferred premium which may be charged following any 
nuclear incident under such a plan shall be not less than 
$2,000,000 nor more than $5,000,000 for each facility re- 
quired to maintain the maximum amount of financial pro- 
tection: And provided further. That the amount which 
may be charged a licensee following any nuclear incident 
shall not exceed the licensee's pro rata share of the aggre- 
gate public liability claims and costs arising out of the 
nuclear incident. Payment of any State premium taxes 
which may be applicable to any deferred premium pro- 
vided for in this Act shall be the responsibility of the li- 
censee and shall not be included in the retrospective pre- 
mium established by the Commission. The Commission 
is authorized to establish a maximum amount which the 
aggregate deferred premiums charged for each facility 
within one calendar year may not exceed. The Commis- 
sion may establish amounts less than the standard pre- 
mium for individual facilities taking into account such 
factors as the facility's size, location, and other factors 
pertaining to the hazard. The Commission shall establish 
such requirements as are necessary to assure availability 
of funds to meet any assessment of deferred premiums 
within a reasonable time when due, and may provide re- 
insurance or shall otherwise guarantee the payment of 
such premiums in the event it appears that the amount of 
such premiums will not be available on a timely basis 
through the resources of private industry and insurance. 
Any agreement by the Commission with a licensee or in- 
demnitor to guarantee the payment of deferred premiums 
may contain such terms as the Commission deems appro- 
priate to carry out the purposes of this section and to as- 
sure reimbursement to the Commission for its payments 
made due to the failure of such licensee or indemnitor to 
meet any of its obligations arising under or in connection 
with financial protection required under this subsection 
including without limitation terms creating liens upon 
the licensed facility and the revenues derived therefrom 
or any other property or revenues of such licensee to se- 
cure such reimbursement and consent to the automatic 
revocation of any license. 94b 

P 4b Public Law 94-197 (89 Stat. 1111) (1975). Sec. 3. amended sub- 
section 170 b. Prior to amendment, subsection 170 b. read as follows : 

"b. The amount of financial protection required shall be the amount 
of liability insurance available from private sources, except that the Com- 
mission may establish a lesser amount on the basis of criteria set forth 
in writing, which it may revise from time to time, taking into considera- 
tion such factors as the following: (1) the cost and terms of private in- 
surance. (2) the type. size, and location of the licensed activity and 
other factors pertaining to the hazard, and (3) the nature and purpose 
of the licensed activity: Provided, That for facilities designed for pro- 
ducing substantial amounts of electricity and having a rated capacity 
of 100.000 electrical kilowatts or more, the amount of financial protec- 
tion required shall be the maximum amount available from private 
sources. Such financial protection may include private insurance, private 
contractual indemnities, self insurance, other proof of financial respon- 
sibility, or a combination of such measures." 



75 



"c. The Commission shall, with respect to licenses 
issued between August 30, 1954, and August 1, 1987, for 
which it requires financial protection of less than $560,- 
000,000, agree to indemnify and hold harmless the 
licensee and other persons indemnified, as their interest 
may appear, from public liability arising from unclear 
incidents which is in excess of the level of financial pro- 
tection required of the licensee. The aggregate indemnity 
for all persons indemnified in connection with each 
nuclear incident shall not exceed $500,000,000 excluding 
costs of investigating and settling claims and defending 
suits for damage : Provided, however, That this amount 
of indemnity shall be reduced b}^ the amount that the 
financial protection required shall exceed $60,000,000. 
Such a contract of indemnification shall cover public 
liability arising out of or in connection with the licensed 
activity. With respect to any production or utilization 
facility for which a construction permit is issued between 
August 30, 1954, and August 1, 1987, the requirements of 
this subsection shall apply to any license issued for such 
facility subsequent to August 1, 1987. 95 

"d. In addition to any other authority the Commission 
may have, the Commission is authorized until August 1, 
1987, to enter into agreements of indemnification with its 
contractors for the construction or operation of produc- 
tion or utilization facilities or other activities under con- 
tracts for the benefit of the United States involving ac- 
tivities under the risk of public liability for a substantial 
nuclear incident. In such agreements of indemnification 
the Commission may require its contractor to provide and 
maintain financial protection of such a type and in such 
amounts as the Commission shall determine to be appro- 
priate to cover public liability arising out of or in connec- 
tion with the contractual activity, and shall indemnify 
the persons indemnified against such claims above the 
amount of the financial protection required, in the 



A££:re<?ate 
indemnity. 



Indemnification 
agreements. 



85 Public Law 94-197 (89 Stat. 1111) (1975), Sec. 5 (a) and (b), 
amended subsection 170 c. by adding the phrase "of less than $560,000.- 
000,", by substituting the word "excluding" for the words "including 
the reasonable," and by substituting the date "August 1, 1987" for the 
date "August 1, 1977" wherever it appeared. 

Public Law 89-210 (79 Stat. S55) (1965), sec. 1. had previously 
amended subsec. 170 c. Prior to amendment this subsection read as 
follows : 

"c. The Commission shall, with respect to licenses issued between 
August 30, 1954, and August 1, 1967, for which it requires financial 
protection, agree to indemnify and hold harmless the licensee and other 
persons indemnified, as their interest inay appear, from public liability 
arising from nuclear incidents which is in excess of the level of financial 
protection required of the license. The aggregate idemnity for all per- 
sons indemnified in connection with each nuclear incident shall not exceed 
$.)00,000,000 including the reasonable costs of investigating and settling 
claims and defending suits for damage. Such a contract of indemnifica- 
tion shall cover public liability arising out of or in connection with the 
licensed activity. With respect to any production or utilizntion facility 
for which a construction permit is issued between August 30. 1954, and 
August 1. 1967, the requirements of this subsection shall apply to any 
license issued for such facility subsequent to Aucrust 1. 1967." 

Public Law 8S-394 (78 Stat. 376) (1964), sec. 2, had previously 
amended subsec. 170 c. by adding the last sentence. 



76 



Contracts. 



Aggregate 

liabilities. 



amount of $500,000,000. excluding costs of investigat- 
ing and settling claims and defending suits for dam- 
age in the aggregate for all persons indemnified in 
connection with such contract and for each nuclear inci- 
dent : Provided, That this amount of indemnity shall be 
reduced bv the amount that the financial protection re- 
quired shall exceed S60.000.000 : Provided further, That 
in the case of nuclear incidents occurring outside the 
United States, the amount of the indemnity provided by 
the Commission shall not exceed $100.000,000. 96 The 
provisions of this subsection may be applicable to lump 
sum as well as cost type contracts and to contracts and 
projects financed in whole or in part by the Commission. 
A contractor with whom an agreement of indemnification 
has been executed and who is engaged in activities con- 
nected with the underground detonation of a nuclear ex- 
plosive device shall be liable, to the extent so indemni- 
fied under this section, for injuries or damage sustained 
as a result of such detonation in the same manner and to 
the same extent as would a private person acting as prin- 
cipal, and no immunity or defense founded in the Fed- 
eral, State, or municipal character of the contractor or of 
the work to be performed under the contract shall be 
effective to bar such liability. 97 

'*e. The aggregate liability for a single nuclear inci- 
dent of persons indemnified, including the reasonable 
costs of investigating and settling claims and defending 
suits for damage, shall not exceed (1) the sum of $500.- 
000.000 together with the amount of financial protection 
required of the licensee or contractor or (2) if the amount 
of financial protection required of the licensee exceeds 
S60.000.000. such aofo-reo-ate liability shall not exceed the 



96 Public Law 94-197 (S9 Stat. 1111) (1975), Sec. 5 (a) and (b). 
amended subsection 170 d. by substituting the date "August 1. 1987" for 
The date "August 1. 1977". and by substituting the word "excluding" 
for the words "including the reasonable". 

Public Law S9-210 (79 Stat. 855) (1965). sec. 2. had previously 
amended the first two sentences of subsec. 170 d. Prior to amendment 
these sentences read as follows : 

"d. In addition to any other authority the Commission may have, the 
Commission is authorized until August 1. 1967, to enter into agreements 
of indemnification with its contractors for the construction or operation 
of production or utilization facilities or other activities under contracts 
for the benefit of the United States involving activities under the risk of 
public liability for a substantial nuclear incident. In such agreements 
of indemnification the Commission may require its contractor to provide 
and maintain financial protection of such a type and in such amounts as 
the Commission shall determine to be appropriate to cover public liability 
arising out of or in connection with the contractual activity, and shall 
indemnity the persons indemnified against such claims above the amount 
of the financial protection required, in the amount of S500.000.000 in- 
cluding the reasonable costs of investigating and settling claims and 
defending suits for damage in the aggregate for all persons indemnified 
In connection with such contract and for each nuclear incident: Provided, 
That in the case of nuclear incidents occurring outside the United States, 
the amount of the indemnity provided bv the Commission shall not exceed 
$100,000,000." 

Public Law S7-615 (76 Stat. 409) (1962), sec. 6. had previously 
amended the second sentence of subsec. 170 d. by adding the proviso pro- 
riding that in the case of incidents occurring outside the United States, 
the amount of indemnity provided by the Commission shaU not exceed 
$100 million. 

••Public Law S7-206 (75 Stat. 475) (1961), sec. 15, added the last 
sentence of subsec. 170 d. 



77 

sum of $560,000,000 or the amount of financial protect ion 
required of the licensee, whichever amount is greater: 
Provided, That in the event of a nuclear incident involv- 
ing damages in excess of that amount of aggregate liabil- 
ity, the Congress will thoroughly review the particular 
incident and will take whatever action is deemed neces- 
sary and appropriate to protect the public from the con- 
sequences of a disaster of such magnitude : And provided 
further, That with respect to any unclear incident occur- 
ring outside of the United States to which an agreement 
of indemnification entered into under the provisions of 
subsection 170 d. is applicable, such aggregate liability 
shall not exceed the amount of $100,000,000 together with 
the amount of financial protection required of the con- 
tractor. 98 



98 Subsection e. originally read as follows : "e. The aggregate liability 
for a single nuclear incident of persons indemnified, including the ren son- 
able costs of investigating and settling claims and defending suits for dam- 
age, shall not exceed the sum of $500,000,000 together with the amount of 
financial protection required of the licensee or contractor. The Commission 
or any person indemnified may apply to the appropriate district court of 
the United States having venue in bankruptcy matters over the location of 
the nuclear incident, and upon a showing that the public liability from a 
single nuclear incident will probably exceed the limit of liability imposed 
by this section, shall be entitled to such orders as may be appropriate for 
enforcement of the provisions of this section, including an order limiting 
the liability of the persons indemnified, orders staying the payment of 
claims and the execution of court judgments, orders apportioning the pay- 
ments to be made to claimants, orders permitting partial payments to be 
made before final determination of the total claims, and an order setting 
aside a part of the funds available for possible latent injuries not dis- 
covered until a later time " 

Public Law S5-602 (72 Stat. 525) (1958), sec. 2, deleted the second 
sentence in the original subsection and substituted the following : "The 
Commission or any person indemnified may apply to the appropriate 
district court of the United States having venue in bankruptcy matters 
over the location of the nuclear incident, except that in the case of 
nuclear incidents caused by ships of the United States outside of the 
United States, the Commission or any person indemnified may apply 
to the appropriate district court of the nUited States having venue in 
bankruptcy matters over the location of the principal place of business 
of the shipping company owning or operating the ship, and upon a showing 
that the public liability from a single nuclear incident will probabiv 
exceed the limit of liability imposed by this section, shall be entitled 
to such orders as may be appropriate for enforcement of the provisions 
of this section, including an order limiting the liability of the persons 
indemnified, orders staying the payment of claims and the execution 
of court judgments, orders apportioning the payments to be made to 
claimants, orders permitting partial payments to be made before final 
determination of the total claims, and an order setting aside a part of 
the funds available for possible latent injuries not discovered until a 
later time." 

Public Law 87-615 (76 Stat. 409) (1962), sec. 7, amended the sub- 
section to read : 

"e. The aggregate liability for a single nuclear incident of persons 
indemnified, including the reasonable costs of investigating and settling 
claims and defending suits for damage, shall not exceed the sum of 
$o00,000,000 together with the amount of financial protection required 
ot the licensee or contractor : Provided, however, That with respect 
to any nuclear incident occurring outside of the United States to which 
an agreement of indemnification entered into under the provisions of 
subsection 170 d. is applicable, such aggregate liabilitv shall not exceed 
the amount of $100,000,000 together with the amount of financial pro- 
tection required of the contractor. The Commission or any person in- 
demnified may apply to the appropriate district court of the United 
States having venue in bankruptcy matters over the location of the 
nuclear incident, except that in the case of nuclear incidents occurring 
outside the United States, the Commission or any person indemnified 
may apply to the United States District Court for the District of Co- 
lumbia, and upon a showing that the public liability from a single 
nuclear incident will probably exceed the limit of liabilitv imposed bv 
tnis section, shall be entitled to such orders as may be appropriate 
for enforcement of the provisions of this section, including an order 
limiting the liability of the persons indemnified, orders staying the 
payment of claims and the execution of court judgments, orders appor- 
tioning the payments to be made to claimants, orders permitting partial 
payments to be made before final determination of the total claims, and 

v (Continued i 



78 



Private 
insurance 
organizations. 
Use of services. 



41 U.S.C. 252 
(c) (See41 
U.S.C. 260(b)), 



Terms of 
settlement. 



"f. The Commission is authorized to collect a fee from 
all persons with whom an indemnification agreement is 
executed under this section. This fee shall be $30 per 
year per thousand kilowatts of thermal energy capacity 
for facilities licensed under section 103 : Provided, That 
the Commission is authorized to reduce the fee for such 
facilities in reasonable relation to increases in financial 
protection required above a level of $60,000,000. For fa- 
cilities licensed under section 104, and for construction 
permits under section 185, the Commission is authorized 
to reduce the fee set forth above. The Commission shall 
establish criteria in writing for determination of the fee 
for facilities licensed under section 104, taking into con- 
sideration such factors as (1) the type, size, and location 
of facility involved, and other factors pertaining to the 
hazard, and (2) the nature and purpose of the facility. 
For other licenses, the Commission shall collect such nom- 
inal fees as it deems appropriate. No fee under this sub- 
section shall be less than $100 per year. 98a 

"g. In administering the provisions of this section, the 
Commission shall use, to the maximum extent practicable, 
the facilities and services of private insurance organiza- 
tions, and the Commission may contract to pay a reason- 
able compensation for such services. Any contract made 
under the provisions of this subsection may be made 
without regard to the provisions of section 3709 of the 
Revised Statutes, as amended, upon a showing by the 
Commission that advertising is not reasonably practicable 
and advance payments may be made. 

"h. The agreement of indemnification may contain such 
terms as the Commission deems appropriate to carry out 
the purposes of this section. Such agreement shall pro- 
vide that, when the Commission makes a determination 
that the United States will probably be required to make 
indemnity payments under this section, the Commission 
shall collaborate with any person indemnified and may 



(Continued) 

an order setting aside a part of the funds available for possible latent 

injuries not discovered until a later time." 

Public Law 89-210 (79 Stat. 855) (1965), sec. 3, amended, the first 
sentence by adding the first proviso relating to the limitation of aggre- 
gate liability. „ ,, ., u 

Public Law 89-645 (80 Stat. 891) (1966), sec. 2, amended the sub- 
section bv deleting the last sentence thereof. 

Public Law 94-197 (89 Stat. 1111) (1975). Sec. 6, amended subsection 
170 e. Prior to this amendment, subsection 170 e. read as follows : 
"e The aggregate liability for a single nuclear incident of persons 
indemnified, including the reasonable costs of investigating and settling 
claims and defending suits for damage, shall not exceed the sum ot 
$500,000,000 together with the amount of financial protection required 
of the licensee or contractor: Provided, however, That such aggregate 
liability shall in no event exceed the sum of $560,000,000: Provided 
further, That with respect to any nuclear incident occurring outside ot 
the United States to which an agreement of indemnification entered into 
under the provisions of subsection 170 d. is applicable, such aggregate 
liability shall not exceed the amount of $100,000,000 together with the 
amount of financial protection required of the contractor." 

^Public Law 94-197 (89 Stat. 1111) (1975). Sec. 7, amended subsec- 
tion 170 f. by adding the proviso to the second sentence. 



79 



approve the payment of any claim under the agreement 
of indemnification, appear through the Attorney General 
on behalf of the person indemnified, take charge of such 
action, and settle or defend any such action. The Com- 
mission shall have final authority on behalf of the United 
States to settle or approve the settlement of any such 
claim on a fair and reasonable basis with due regard for 
the purposes of this Act. Such settlement shall not in- 
clude expenses in connection with the claim incurred by 
the person indemnified. 9Sb 

"i. After any nuclear incident which will probably re- 
quire payments by the United States under this section 
or which will probably result in public liability claims in 
excess of $560,000,000, the Commission shall make a sur- 
vey of the causes and extent of damage which shall forth- 
with be reported to the Joint Committee, to the Congress- 
men of the affected districts, and to the Senators of the 
affected States, and, except for information which would 
cause serious damage to the national defense of the 
United States, all final findings shall be made available 
to the public, to the parties involved and to the courts. 
The Commission shall report to the Joint Committee 
by April 1, 1958, and every year thereafter on the opera- 
tions under this section. 980 

"j. In administering the provisions of this section, the 
Commission may make contracts in advance of appro- 
priations and incur obligations without regard to section 
3679 of the Revised Statutes, as amended. 

"k. With respect to any license issued pursuant to 
section 53, 63, 81, 104a., or 104c. for the conduct of edu- 
cational activities to a person found by the Commission 
to be a nonprofit educational institution, the Commission 
shall exempt such licensee from the financial protection 
requirement of subsection 170a. With respect to licenses 
issued between August 30, 1954, and August 1, 1987, for 
which the Commission grants such exemption : 

"(1) the Commission shall agree to indemnify and 
hold harmless the licensee and other persons indem- 
nified, as their interests may appear, from public 
liability in excess of $250,000 arising from nuclear 
incidents. The aggregate indemnity for all persons 
indemnified in connection with each nuclear incident 



Survey of 
causes. 



Report to 
Congress. 



Contracts In 
advance of 
appropriations 
31 U.S.C. 665. 



Educational 
activities. 



98b Public Law 94-197 (89 Stat. 1111) (1975), Sec. 8. amended subsec- 
tion 170 h. by substituting tbe words "shall not include" for the words 
"may include reasonable" in the last sentence of the subsection. 

M « Public Law 94-197 (89 Stat. 1111) (1975). Sec. 9, amended subsec- 
tion 170 i. Prior to amendment, subsection 170 i. read as follows : 

"i. After any nuclear incident which will probably require payments 
by the United States under this section, the Commission shall make a 
survey of the causes and extent of damage which shall forthwith be re- 
ported to the Joint Committee, and. except as forbidden by the provi- 
sions of chapter 1 2 of this Act or any other law or Executive order, all 
final findings shall be made available to the public, to the parties involved 
and to the courts. The Commission shall report to the Joint Committee 
by April 1, 1958, and every year thereafter on the operations under this 
section." 



80 



Indemnification 
agreements for 
NS Savannah. 



70 Stat. 731. 
46U.S.C. 1206. 



shall not exceed £.">00 ,000.000, excluding cost of in- 
vestigating and settling claims and defending suits 
for damage ; 

"(2) such contracts of indemnification shall cover 
public liability arising out of or in connection with 
the licensed activity; and shall include damage to 
property of persons indemnified, except property 
which is located at the site of and used in connection 
with the activity where the nuclear incident occurs ; 
and 

"(3) such contracts of indemnification, when en- 
tered into with a licensee having immunity from 
public liability because it is a State agency, shall 
provide also that the Commission shall make pay- 
ments under the contract on account of activities of 
the licensee in the same manner and to the same 
extent as the Commission would be required to do 
if the licensee were not such a State agency. 
Any licensee may waive an exemption to which it is 
entitled under this subsection. With respect to any pro- 
duction or utilization facility for which a construction 
permit is issued between August 30, 1954, and August 1, 
1987. the requirements of this subsection shall apply to 
any license issued for such f acilitv subsequent to August 1, 
1987." 

"1. The Commission is authorized until August 1. 1977, 
to enter into an agreement of indemnification with any 
person engaged in the design, development, construction, 
operation, repair, and maintenance or use of the nuclear- 
powered ship authorized by section 716 of the Merchant 
Marine Act, 1936, and designated the 'nuclear ship Sa- 
vannah'. In any such agreement of indemnification the 
Commission may require such person to provide and 
maintain, financial protection of such a type and in such 
amounts as the Commission shall determine to be appro- 
priate to cover public liability arising from a nuclear 
incident in connection with such design, development, 
construction, operation, repair, maintenance or use and 
shall indemnify the person indemnified against such 
claims above the amount of the financial protection re- 
quired, in the amount of $500,000,000 excluding costs 
of investigating and settling claims and defending suits 
for damage in the aggregate for all persons indemnified 
in connection with each nuclear incident : Provided, That 



^Public Law S5-744 ("72 Stat. S.°.7) (1958), amended sec. 170 by 
adding new subsec. k. Public Law SS-394 (78 Stat. 376> (1964). sec. 3. 
amended subsec. 170k. by adding tbe last sentence. Public Law S9-210 
(79 Stat. Son) (196n). sec. 4. amended subsec. 170k. by amending tbe dnte 
"Aucrust 1. 1907"' whorevpr it appeared to "August 1. 1977". Public Law 
04_197 (so Stat. 1111) (1975). Sec. 10. amended subsection 170 k. by 
substituting the date "August 1. 19S7" for the date "August 1. 1977" 
wherever it appeared and by substituting the word "excluding" for the 
words "including the reasonable". 



SI 



this amount of indemnity shall be reduced by the amount 
that the financial protection required shall exceed 
JGO^OO^OO. 1 

"ra. The Commission is authorized to enter into agree- 
ments with other indemnitors to establish coordinated 
procedures for the prompt handling, investigation, and 
settlement of claims for public liability. The Commis- 
sion and other indemnitors may make payments to, or for 
the aid of, claimants for the purpose of providing imme- 
diate assistance following a nuclear incident. Any funds 
appropriated to the Commission shall be available for 
such payments. Such payments may be made without 
securing releases, shall not constitute an admission of the 
liability of any person indemnified or of any indemnitor, 
and shall operate as a satisfaction to the extent thereof of 
any final settlement or judgment. 2 

"n. (1) With respect to any extraordinary nuclear oc- 
currence to which an insurance policy or contract fur- 
nished as proof of financial protection or an indemnity 
agreement applies and which — 

"(a) arises out of or results from or occurs in the 
course of the construction, possession, or operation 
of a production or utilization facility, or 

"(b) arises out of or results from or occurs in the 
course of transportation of source material, by- 
product material, or special nuclear material to or 
from a production or utilization facility, or 

"(c) during the course of the contract activity 
arises out of or results from the possession, opera- 
tion, or use by a Commission contractor or subcon- 
tractor of a device utilizing special nuclear material 
or by-product material, 
the Commission may incorporate provisions in indemnity 
agreements with licensees and contractors under this sec- 
tion, and may require provisions to be incorporated in 
insurance policies or contracts furnished as proof of 



1 Public Law 85-602 (72 Stat. 525) (195S), sec. 2, amended sec. 170 
by adding new subsection 1. 

Public Law 89-210 (79 Stat. 855) (1965), sec. 5, amended subsec. 170 
1. Prior to amendment tins subsection read as follows : 

"1. The Commission is authorized until August 1, 1967, to enter into 
an agreement of indemnification with any person engaged in the design, 
development, construction, operation, repair, and maintenance or use of 
the nuclear-powered ship authorized by section 716 of the Merchant 
Marine Act, 1936, and designated the 'nuclear ship Savannah'. In any 
such agreement of indemnification the Commission may require such 
person to provide and maintain financial protection of such a type and 
in such amounts as the Commission shall determine to be appropriate 
to cover public liability arising from a nuclear incident in connection 
with such design, development, construction, operation, repair, mainte- 
nance or use and shall indemnify the person indemnified against such 
claims above the amount of the financial protection required, in the maxi- 
mum amount provided by subsection e, including the reasonable costs of 
investi crating and settling claims and defending suits for damage." 

Public Law 94-197 (89 Stat. 1111) (1975). Sec. 11. amended sub- 
section 170 1. by substituting the word "excluding" for the words "in- 
cluding the reasonable". 

2 Public Law 89-645 (80 Stat. 891) (1966), sec. 3, amended sec. 170 
by adding new subsection m. 



Emergency 

assistance 

payments. 



Waiver of 

defenses. 



82 

financial protection, which waive (i) any issue or defense 
as to conduct of the claimant or fault of persons indemni- 
fied, (ii) any issue or defense as to charitable or govern- 
mental immunity, and (iii) any issue or defense based on 
any statute of limitations if suit is instituted within three 
years from the date on which the claimant first knew, or 
reasonably could have known, of his injury or damage 
and the cause thereof, but in no event more than twenty 
years after the date of the nuclear incident. The waiver of 
any such issue or defense shall be effective regardless of 
whether such issue or defense may otherwise be deemed 
jurisdictional or relating to an element in the cause of 
action. When so incorporated, such waivers shall be 
judicially enforcible in accordance with their terms by 
the claimant against the person indemnified. Such 
waivers shall not preclude a defense based upon a fail- 
ure to take reasonable steps to mitigate damages, nor shall 
such waivers apply to injury or damage to a claimant 
or to a claimant's property which is intentionally sus- 
tained by the claimant or which results from a nuclear 
incident intentionally and wrongfully caused by the 
claimant. The waivers authorized in this subsection 
shall, as to indemnitors, be effective only with respect to 
those obligations set forth in the insurance policies or the 
contracts furnished as proof of financial protection and 
in the indemnity agreements. Such waivers shall not 
apply to, or prejudice the prosecution or defense of, any 
claim or portion of claim which is not within the pro- 
tection afforded under (i) the terms of insurance policies 
or contracts furnished as proof of financial protection, or 
indemnity agreements, and (ii) the limit of liability 
provisions of subsection 170 e. 
42 u!i**22io. "(2) With respect to any public liability action arising 
out of or resulting from an extraordinary nuclear occur- 
rence, the United States district court in the district 
where the extraordinary nuclear occurrence takes place, 
or in the' case of an extraordinary nuclear occurrence 
taking place outside the United States, the United States 
District Court for the District of Columbia, shall have 
original jurisdiction without regard to the citizenship 
of any party or the amount in controversv. Upon mo- 
tion of the defendant or of the Commission, any such 
action pending in any State court or United States dis- 
trict court shall be removed or transferred to the United 
States district court having venue under this subsection. 
Process of such district court shall be effective throughout 
the United States. 2a 



2a T>nblic Law 89-645 (SO Stat. 891) (1966), sec. 3, amended sec. 170 
bv ndrlinjr new subsection n. 

"Public Law 94-197 (89 Stat. 1111) (1975). Sec. 12. amended subsection 
170 n. (l)(iii) by substituting the word "twenty" for the word "ten". 



83 



"o. Whenever the United States district court in the £Ji o d c s atl0n of 
district where a nuclear incident occurs, or the United 
States District Court for the District of Columbia in case 
of a nuclear incident occurring outside the United States, 
determines upon the petition of any indemnitor or other 
interested person that public liability from a single nu- 
clear incident may exceed the limit of liability under 
subsection 170 e. : 



"(1) Total payments made by or for all indemni- je Stat 
tors as a result of such nuclear incident shall not 
exceed 15 per centum of such limit of liability with- 
out the prior approval of such court ; 

"(2) The court shall not authorize payments in 
excess of 15 per centum of such limit of liability un- 
less the court determines that such payments are or 
will be in accordance with a plan of distribution 
which has been approved by the court or such pay- 
ments are not likely to prejudice the subsequent 
adoption and implementation by the court of a plan 
of distribution pursuant to subparagraph (3) of this 
subsection (o) ; and 

"(3) The Commission shall, and any other in- 
demnitor or other interested person may, submit to 
such district court a plan for the disposition of 
pending claims and for the distribution of remaining 
funds available. Such a plan shall include an alloca- 
tion of appropriate amounts for personal injury 
claims, property damage claims, and possible latent 
injury claims which may not be discovered until a 
later time and shall include establishment of priori- 
ties between claimants and classes of claims, as neces- 
sary to insure the most equitable allocation of avail- 
able funds. Such court shall have all power necessary 
to approve, disapprove, or modify plans proposed, or 
to adopt another plan ; and to determine the propor- 
tionate share of funds available for each claimant. 
The Commission, any other indemnitor, and any 
person indemnified shall be entitled to such orders as 
may be appropriate to implement and enforce the 
provisions of this section, including orders limiting 
the liability of the persons indemnified, orders ap- 
proving or modifying the plan, orders staying the 
payment of claims and the execution of court judg- 
ments, orders apportioning the payments to be made 
to claimants, and orders permitting partial pay- 
ments to be made before final determination of the 
total claims. The orders of such court shall be effec- 
tive throughout the United States. 

"(4) the Commission shall, within ninety days 
after a court shall have made such determination. 



410. 
c. 2210. 



S4 

deliver to the Joint Committee a supplement to the 
report prepared in accordance with subsection 170 i. 
of this Act setting forth the estimated requirements 
for full compensation and relief of all claimants, 
and recommendations as to the relief to be pro- 
vided. 2b 
"p. The Commission shall submit to the Congress by 
August 1. 1983, a detailed report concerning the need 
for continuation or modification of the provisions of this 
section, taking into account the condition of the nuclear 
industry, availability of private insurance, and the state 
of knowledge concerning nuclear safety at that time, 
among other relevant factors, and shall include recom- 
mendations as to the repeal or modification of any of the 
provisions of this section. 20 

"CHAPTEK 15. COMPENSATION FOR PRIVATE 
PROPERTY ACQUIRED 



Just compen- 
sation. 

42 U.S.C. 
sec. 2221. 



62 Stat. 933. 



Condemnation 

of real 

property. 

42 U.S.C. 

sec. 2222. 

62 'stat.~037, 

986 ; 46 Stat. 

1421. 

40 U.S.C. 257, 

25Sa-25Se. 

Patent 

application 

disclosures. 

42 U.S.C. 

sec. 2223. 



"Sec 171. Just Compensation. — The United States 
shall make just compensation for any property or inter- 
ests therein taken or requisitioned pursuant to sections 
43, 3 55, 4 66, and 108. Except in case of real property or 
any interest therein, the Commission shall determine and 
pay such just compensation. If the compensation so 
determined is unsatisfactory to the person entitled 
thereto, such person shall be paid 75 per centum of the 
amount so determined, and shall be entitled to sue the 
United States in the Court of Claims, or in any district 
court of the United States for the district in which such 
claimant is a resident in the manner provided by section 
1346 of Title 28 of the United States Code to recover such 
further sum as added to said 75 per centum will consti- 
tute just compensation. 

"Sec 172. Condemnation of Real Property. — Pro- 
ceedings for condemnation shall be instituted pursuant 
to the provisions of the Act approved August 1, 1888, as 
amended, and section 1403 of Title 28 of the United 
States Code. The Act approved February 26, 1931, as 
amended, shall be applicable to any such proceedings. 

"Sec 173. Patent Application Disclosures. — In the 
event that the Commission communicates to any nation 



2b Public Law 89-645 (SO Stat. SOI) (1066). sec. 3. amended sec. 170 
by adding new subsection o. Public Law 04-107 (SO Stat. 1111) (197." i 
Sec, 13, amended subsection 170 o. by adding new subparagraph (4) 
and by adding the following language to the second sentence of sub- 
paragraph (3) : "and shall include establishment of priorities between 
claimants and classes of claims, as necessary to insure the most equit- 
able allocation of available funds." 

2c Public Law 04-107 (SO Stat. 1111) (1075), Sec. 14, added a new 
subspcrion 170 p. 

3 Public Law 88-489 (78 Stat. 602) (1964), sec. 17. deleted the phrase 
"52 (with respect to the material for which the United States is required 
to pay just compensation)," after "43.". 

* Public Law SS-4S0 (78 Stat. 602) (1064), sec. 17, added "55". 



85 



any Restricted Data based on any patent application not 
belonging to the United States, just compensation shall 
be paid by the United States to the owner of the patent 
application. The Commission shall determine such com- 
pensation. If the compensation so determined is unsatis- 
factory to the person entitled thereto, such person shall 
be paid 75 per centum of the amount so determined, and 
shall be entitled to sue the United States in the Court 
of Claims or in any district court of the United States 
for the district in which such claimant is a resident in a 
manner provided by section 1346 of Title 28 of the United 
States Code to recover such further sum as added to 
such 75 per centum will constitute just compensation. 

"Sec. 174. Attorney General Approval, or Title. — 
All real property acquired under this Act shall be sub- 
ject to the provisions of section 355 of the Revised 
Statutes, as amended: Provided, however, That real 
property acquired by purchase or donation, or other 
means of transfer may also be occupied, used, and 
improved for the purposes of this Act prior to approval 
of title by the Attorney General in those cases where the 
President determines that such action is required in the 
interest of the common defense and security. 



62 Stat. 933. 



Attorney Gen- 
eral approval 
of title. 
42 U.S.C. 
sea 2224. 

40 U.S.C. 255. 



"CHAPTER 16. JUDICIAL REVIEW AXD 
ADMINISTRATIVE PROCEDURE 



SO Stat. 381 
3S8, 5 U.S.C. 
551-559. 
42 U.S.C. 
sec. 2231. 



"Sec 181. General. — The provisions of the Adminis- General, 
trative Procedure Act (Public Law 404, Seventy-ninth 
Congress, approved June 11, 1946) shall apply to all 
agency action taken under this Act, and the terms 
'agency' and 'agency action' shall have the meaning speci- 
fied in the Administration Procedure Act: Provided, 
however, That in the case of agency proceedings or ac- 
tions which involve Restricted Data or defense informa- 
tion, the Commission shall provide by regulation for such 
parallel procedures as will effectively safeguard and pre- 
vent disclosure of Restricted Data or defense informa- 
tion to unauthorized persons with minimum impairment 
of the procedural rights which would be available if 
Restricted Data or defense information were not in- 
volved. 

"Sec. 182. License Applications. — 

"a. Each application for a license hereunder shall be 
in writing and shall specifically state such information 
as the Commission, by rule or regulation, may determine 
to be necessary to decide such of the technical and finan- 
cial qualifications of the applicant, the character of the 
applicant, the citizenship of the applicant, or any other 
qualifications of the applicant as the Commission may 
deem appropriate for the license. In connection with 
applications for licenses to operate production or utili- 
zation facilities, the applicant shall state such technical 



License 
applications 

4 "J U.S.C. 
sec. 2232. 



St) 



ACRS Report. 



Commercial 
power. 



specifications, including information of the amount, kind, 
and source of special nuclear material required, the place 
of the use, the specific characteristics of the facility, and 
such other information as the Commission may, by rule 
or regulation, deem necessary in order to enable it to find 
that the utilization or production of special nuclear ma- 
terial will be in accord with the common defense and 
security and will provide adequate protection to the 
health and safety of the public. Such technical specifica- 
tions shall be a part of any license issued. The Commis- 
sion may at any time after the filing of the original 
application, and before the expiration of the license, 
require further written statements in order to enable 
the Commission to determine whether the application 
should be granted or denied or whether a license should 
be modified or revoked. All applications and statements 
shall be signed by the applicant or licensee. Applications 
for, and statements made in connection with, licenses 
under sections 103 and 104 shall be made under oath or 
affirmation. The Commission may require any other ap- 
plications or statements to be made under oath or affirma- 
tion. 5 

"b. The Advisory Committee on Reactor Safeguards 
shall review each application under section 103 or section 
104 b. for a construction permit or an operating license 
for a facility, any application under section 104 c. for a 
construction permit or an operating license for a testing 
facility, any application under section 104 a. or c. spe- 
cifically referred to it by the Commission, and any appli- 
cation for an amendment to a construction permit or 
an amendment to an operating license under section 103 
or 104 a., b., or c. specifically referred to it by the Com- 
mission, and shall submit a report thereon which shall 
be made part of the record of the application and avail- 
able to the public except to the extent that security classi- 
fication prevents disclosure. 6 

"c. The .Commission shall not issue any license under 
section 103 for a utilization or production facility for the 
generation of commercial power until it has given notice 
in writing to such regulatory agency as may have juris- 
diction over the rates and services incident to the pro- 
posed activity ; until it has published notice of the appli- 



5 Public Law 84-1006 (70 Stat. 1069) (1956), sec. 5, amended the third 
from last sentence of subsec. 1S2 a. and added the present last two 
sentences. Before amendment the third from last sentence read : "All 
applications and statements shall be signed by the applicant or licensee 
under oath or affirmation." 

6 Public Law 83-256 (71 Stat. 576) (1957), sec. 6. added subsec. b. and 
relettered former subsecs. b. and c. as subsecs. c. and d. Public Law S7-615 
(76 Stat. 409) (1962), sec. 3. amended subsec. b. Before amendment, it 
read : "b. The Advisory Committee on Reactor Safeguards shall revipw 
each application under section 103 or 104 b. for a license for a facility. 
any application under section 104 c. for a testing: facility, and any appli- 
cation under section 104 a. or c. specifically referred to it by the Commis- 
sion, and shall submit a report thereon, which shall be made part of the 
record of the application and available to the public, except to the extent 
that security classification prevents disclosure." 



87 



cation in such trade or news publications as the Com- 
mission deems appropriate to give reasonable notice to 
municipalities, private utilities, public bodies, and co- 
operatives which might have a potential interest in such 
utilization or production facility; and until it has pub- 
lished notice of such application once each week for four Notice in f.r 
consecutive weeks in the Federal Register, and until four 
weeks after the last notice. 6 * 

"d. The Commission, in issuing any license for a utili- 
zation or production facility for the generation of com- 
mercial power under section 103, shall give preferred 
consideration to applications for such facilities which 
will be located in high cost power areas in the United 
States if there are conflicting applications for a limited 
opportunity for such license. Where such conflicting 
applications resulting from limited opportunity for such 
license include those submitted by public or cooperative 
bodies such applications shall be given preferred con- 
sideration. 

"Sec. 183. Terms of Licenses. — Each license shall be 
in such form and contain such terms and conditions as 
the Commission may, by rule or regulation, prescribe to 
effectuate the provisions of this Act, including the fol- 
lowing provisions : 

"b. 7 No right to the special nuclear material shall be 
conferred by the license except as defined by the license. 

"c. Neither the license nor any right under the license 
shall be assigned or otherwise transferred in violation of 
the provisions of this Act. 

"d. Every license issued under this Act shall be sub- 
ject to the right of recapture or control reserved by sec- 
tion 108, and to all of the other provisions of this Act, 
now or hereafter in effect and to all valid rules and regu- 
lations of the Commission. 

"Sec. 184. Inalienability of Licenses. — No license 
granted hereunder and no right to utilize or produce 
special nuclear material granted hereby shall be trans- 
ferred, assigned or in any manner disposed of, either 
voluntarily or involuntarily, directly or indirectly, 
through transfer of control of any license to any person, 
unless the Commission shall, after securing full informa- 
tion, find that the transfer is in accordance with the pro- 



Terms of 
licenses. 
42 U.S.C. 

sec. 2233. 



Inalienability 
of licenses. 
42 U.S.C. 
sec. 2234. 



6a Public Law 91-560 (84 Stat. 1472) (1970), sec. 9, amended subsec 
182 c. Before amendment it read as follows : 

"c. The Commission shall not issue any license for a utilization or 
production facility for the generation of commercial nower under section 
103. until it has given notice in writing to such regulatory agency as may 
have jurisdiction over the rates and services of the proposed activity, to 
municipalities, private utilities, public bodies, and cooperatives within 
transmission distance authorized to engage in the distribution of electric 
energy and until it has published notice of such application once each 
week for four consecutive weeks in the Federal Register, and until four 
weeks after the last notice." 

•Public Law 88-4S9 (78 Stat. 602) (1964), sec. 18, deleted subsec. 
1S3 a. Subsec. a. read as follows : 

"a. Title to all special nuclear material utilized or produced by facilities 
pursuant to the license, shall at all times be in the United States." 



8S 



Construction 
permits. 
42 U.S.C. 
sec. 2235. 



Revocation. 
42 U.S.C. 
sec. 2236. 



visions of this Act, and shall give its consent in writing. 
The Commission may give such consent to the creation 
of a mortgage, pledge, or other lien upon any facility oi 
special nuclear material, 8 owned or thereafter acquired 
by a licensee, or upon any leasehold or other interest in 
such facility, 9 and the rights of the creditors so secured 
may thereafter be enforced by any court subject to rules 
and regulations established by the Commission to protect 
public health and safety and promote the common 
defense and security. 

"Sec. 185. Construction Permits. — All applicants for 
licenses to construct or modify production or utiliza- 
tion facilities shall, if the application is otherwise ac- 
ceptable to the Commission, be initially granted a con- 
struction permit. The construction permit shall state the 
earliest and latest dates for the completion of the con- 
struction or modification. Unless the construction or 
modification of the facility is completed by the comple- 
tion date, the construction permit shall expire, and all 
rights thereunder be forfeited, unless upon good cause 
shown, the Commission extends the completion date. 
Upon the completion of the construction or modification 
of the facility, upon the filing of any additional informa- 
tion needed to bring the original application up to date, 
and upon finding that the facility authorized has been 
constructed and will operate in conformity with the 
application as amended and in conformity with the pro- 
visions of this Act and of the rules and regulations of the 
Commission, and in the absence of any good cause being 
shown to the Commission why the granting of a license 
would not be in accordance with the provisions of this 
Act, the Commission shall thereupon issue a license to the 
applicant. For all other purposes of this Act, a construc- 
tion permit is deemed to be a 'license'. 

"Sec 186. Eevocation.— 

"a. Any license may be revoked for any material false 
statement in the application or any statement of fact re- 
quired under section 182, or because of conditions re- 
vealed by such application or statement of fact or any 
report, record, or inspection or other means which would 
warrant the Commission to refuse to grant a license on 
an original application, or for failure to construct or 
operate a facility in accordance with the terms of the con- 
struction permit or license or the technical specifications 
in the application, or for violation of, or failure to ob- 
serve any of the terms and provisions of this Act or of 
anv regulation of the Commission. 



8 Public Law 88-4S9 (78 Stat. 602) (1964), sec. 19, added "or special 
nuclear material.". 

9 Public Law S8-489 (78 Stat. 602) (1964), sec. 19, substituted the 
word "facility" for the word "property". 



89 



"b. The Commission shall follow the provisions of sec- 
tion 9(b) of the Administrative Procedure Act in revok- 
ing any license. 

"c. Upon revocation of the license, the Commission 
may immediately retake possession of all special nuclear 
material held by the licensee. In cases found by the Com- 
mission to be of extreme importance to the national 
defense and security or to the health and safety of the 
public, the Commission may recapture any special nu- 
clear material held by the licensee or may enter upon 
and operate the facility prior to any of the procedures 
provided under the Administrative Procedure Act. Just 
compensation shall be paid for the use of the facility. 

"Sec. 187. Modification or License. — The terms and 
conditions of all licenses shall be subject to amendment, 
revision, or modification, by reason of amendments of 
this Act, or by reason of rules and regulations issued in 
accordance with the terms of this Act. 

"Sec. 188. Continued Operation of Facilities. — 
Whenever the Commission finds that the public conven- 
ience and necessity or the production program of the 
Commission requires continued operation of a produc- 
tion facility or utilization facility the license for which 
has been revoked pursuant to section 186, the Commis- 
sion may, after consultation with the appropriate regula- 
tory agency. State or Federal, having jurisdiction, order 
that possession be taken of and such facility be operated 
for such period of time as the public convenience and 
necessity or the production program of the Commission 
may, in the judgment of the Commission, require, or until 
a license for the operation of the facility shall become 
effective. Just compensation shall be paid for the use of 
the facility. 

"Sec. 189. Hearings and Judicial Keview. — 

"a. In any proceeding under this Act, for the grant- 
ing, suspending, revoking, or amending of any license or 
construction permit, or application to transfer control, 
and in any proceeding for the issuance or modification of 
rules and regulations dealing with the activities of licens- 
ees, and in any proceeding for the payment of compensa- 
tion, an award, or royalties under sections 153, 157, 186 c, 
or 188, the Commission shall grant a hearing upon the 
request of any person whose interest may be affected by 
the proceeding, and shall admit any such person as a 
party to such proceeding. The Commission shall hold 
a hearing after thirty days' notice and publication once 
in the Federal Eegister, on each application under sec- 
tion 103 or 104 b. for a construction permit for a facility, 
and on any application under section 104 c. for a con- 
struction permit for a testing facility. In cases where 
sucha construction permit has been issued following the 
holding of such a hearing, the Commission may, in the 

65-234 — 76 7 



80 Stat. 388, 5 
U.S.C. 558(b). 



5U.S.C. 551. 



Modification 
of license. 
42 U.S.C. 
sec. 2237. 



Continued 
operation of 
facilities. 
42 U.S.C. 
sec. 2238. 



Hearings and 
judicial 
review. 
42 U.S.C. 
sec. 2239. 



Publication 
In F.R. 



90 

absence of a request therefor by any person whose inter- 
est may be affected, issue an operating license or an 
amendment to a construction permit or an amendment 
to an operating license without a hearing, but upon thirty 
days' notice and publication once in the Federal Register 
of its intent to do so. The Commission may dispense with 
such thirty days' notice and publication with respect to 
any application for an amendment to a construction per- 
mit or an amendment to an operating license upon a 
determination by the Commission that the amendment 
involves no significant hazards consideration. 10 

"b. Any final order entered in any proceeding of the 

kind specified in subsection a. above shall be subject to 

judicial review in the manner prescribed in the Act of 

5 u.s.c. 70i- December 29, 1950, as amended (ch. 1189, 64 Stat. 1129), 

234i?| 3 52 S ' c and to the provisions of section 10 of the Administrative 

Procedure Act, as amended. 
42 u.s.c. "Sec. 190. Licensee Incident Reports. — No report by 

sec. 2240. an y ii censee f anv incident arising out of or in connec- 

tion with a licensed activity made pursuant to any 
requirement of the Commission shall be admitted as evi- 
dence in any suit or action for damages growing out of 
any matter mentioned in such report. 11 

Atomic Safety "SEC. 191. ATOMIC SAFETY AND LICENSING BOARD. — 

and Licensing «^ Notwithstanding the provisions of sections 7(a) 

ls7 St 5 a u l 8 c anc ^ ^ ( a ) °^ ^ e Administrative Procedure Act, the Com- 

556'. 557. " ' mission is authorized to establish one or more atomic 

tec V 22'±i. safety and licensing boards, each comprised of three 

members, one of whom shall be qualified in the conduct of 

administrative proceedings and two of whom shall have 

such technical or other qualifications as the Commission 

deems appropriate to the issues to be decided, to conduct 

such hearings as the Commission may direct and make 

such intermediate or final decisions as the Commission 

may authorize with respect to the granting, suspending, 

revoking or amending of any license or authorization 

under the provisions of this Act, any other provision of 

law, or any regulation of the Commission issued there- 

10 Public Law 87-615 (76 Stat. 409) (1962), sec. 2, amended this sec- 
tion. Before amendment it read : "Sec. 189. Hearings and Judicial 
Review. — 

"a. In any proceeding under this Act, for the granting, suspending 
revoking, or amending of any license or construction permit, or applica- 
tion to transfer control, and in any proceeding for the issuance or modifi- 
cation of rules and regulations dealing with the activities of licensees, and 
in any proceeding for the payment of compensation, an award or royalties 
under sections 153, 157, 186 c, or 188, the Commission shall grant a 
hearing upon the request of any person whose interest may be affected by 
the proceeding, and shall admit any such person as a party to such pro- 
ceeding. The Commission shall hold a hearing after thirty days notice 
and publication once in the Federal Register on each application under 
section 103 or 104 b. for a license for a facility, and on any application 
under section 104 c. for a license for a testing facility." 

Public Law 85-256 (71 Stat. 576) (1957), sec. 7, had previously 
amended sec. 189 a. by adding the last sentence thereof. 

"Sec. 190 was added by Public Law 87-206 (75 Stat. 475) (1961), 
sec. 16. 



91 

under. lla The Commission may delegate to a board such 
other regulatory functions as the Commission deems 
appropriate. The Commission may appoint a panel of 
qualified persons from which board members may be 
selected. 

"b. Board members may be appointed by the Commis- 
sion from private life, or designated from the staff of the 
Commission or other Federal agency. Board members 
appointed from private life shall receive a per diem com- 
pensation for each day spent in meetings or conferences, 
and all members shall receive their necessary traveling 
or other expenses while engaged in the work of a board. 
The provisions of section 163 shall be applicable to board 
members appointed from private life. 12 
"Sec. 192. Temporary Operating License. — Temporary 

"a. In any proceeding upon an application for an autSorify. 
operating license for a nuclear power reactor, in which ^^tik. 
a hearing is otherwise required pursuant to section 189 a., 
the applicant may petition the Commission for a tempo- 
rary operating license authorizing operation of the facil- 
ity pending final action by the Commission on the 
application. Such petition may be filed at any time after 
filing of: (1) the report of the Advisory Committee on 
Reactor Safeguards required by subsection 182 b. ; (2) 
the safety evaluation of the application by the Commis- 
sion's regulatory staff; and (3) the regulatory staff's 
final detailed statement on the environmental impact of 
the facility prepared pursuant to section 102(2) (C) of 
the National Environmental Policy Act of 1969 (83 Stat. 
853) or, in the case of an application for operating 
license filed on or before September 9, 1971, if the regula- 
tory staff's final detailed statement required under sec- 
tion 102(2) (C) is not completed, the Commission must 
satisfy the applicable requirements of the National 
Environmental Policy Act prior to issuing any tempo- 
rary operating license under this section 192. The peti- 
tion shall be accompanied by an affidavit or affidavits 
setting forth the facts upon which the petitioner relies 
to justify issuance of the temporary operating license. 
Any party to the proceeding may file affidavits in support 
of, or opposition to, the petition within fourteen days 

«» Public Law 91-560 (84 Stat. 1472) (1970), sec. 10, amended the first 
sentence of subsec. 191 a. Before amendment it read as follows : 

"Notwithstanding the provisions of sections 7(a) and 8(a) of the 
Administrative Procedure Act, the Commission is authorized to establish 
one or more atomic safety and licensing boards, each composed of three 
members, two of whom shall be technically qualified and one of whom 
shall be qualified in the conduct of administrative proceedings, to conduct 
such hearings as the Commission may direct and make such intermediate 
or final decisions as the Commission may authorize with respect to the 
granting, suspending, revoking or amending of any license or authorization 
under the provisions of this Act, any other provision of law, or any regu- 
lation of the Commission issued hereunder." 

"Sec. 191 was added by Public Law 87-615 (76 Stat. 409) (1962), 
sec. 1. ' 



92 

after the filing of such petition, or within such additional 
time not to exceed ten days as may be fixed by the Com- 
mission. The Commission shall hold a hearing after ten 
days' notice and publication once in the Federal Register 
on any such petition and supporting material filed under 
this section and the decision of the Commission with 
respect to the issuance of a temporary operating license, 
following such hearing, shall be on the basis of findings 
on the matters specified in subsection b. of this section. 
The hearing required by this section and the decision of 
the Commission on the petition shall be conducted with 
expedited procedures as the Commission may by rule, 
regulation, or order deem appropriate for a full disclo- 
sure of material facts on all substantial issues raised in 
connection with the proposed temporary operating 
license. 

"b. With respect to any petition filed pursuant to sub- 
section a. of this section, the Commission shall issue a 
temporary operating license upon finding that : 

"(1) the provisions of section 185 have been met 
with respect to the temporary operating license ; 

"(2) operation of the facility during the period 
of the temporary operating license in accordance 
with its terms and conditions will provide adequate 
protection of the environment during the period of 
the temporary operating license ; and 

"(3) operation of the facility in accordance with 
the terms and conditions of the temporary operating 
license is essential toward insuring that the power 
generating capacity of a utility system or power 
pool is at, or is restored to, the levels required to 
assure the adequacy and reliability of the power 
supply, taking into consideration factors which 
include, but need not be limited to, alternative avail- 
able, sources of supply, historical reserve require- 
ments for the systems involved to function reliably, 
the possible endangerment to the public health and 
safety in the event of power shortages, and data 
from appropriate Federal and State governmental 
bodies which have official responsibility to assure an 
adequate and reliable power supply. 
The temporary license shall contain such terms and con- 
ditions as the Commission may deem necessary, including 
the duration of the license and any provision for the 
extension thereof, and the requirement that the licensee 
not retire or dismantle any of its existing generating 
capacity on the ground of the availability of the capacity 
from the facility which is operating under the temporary 
license. Any decision or other document authorizing the 
issuance of any temporary license pursuant to this section 
shall recite with specificity the reasons justifying the 
issuance. The decision of the Commission with respect 
to the issuance of a temporary operating license shall be 



93 



subject to judicial review pursuant to the Act of De- 
cember 29, 1950, as amended (ch. 1189, 64 Stat. 1129) . 

"c. The hearing on the application for the final oper- 
ating license otherwise required pursuant to section 
189 a. shall be concluded as promptly as practicable. The 
Commission shall vacate the temporary operating license 
if it finds that the applicant is not prosecuting the ap- 
plication for the final operating license with due dili- 
gence. Issuance of a temporary operating license pursuant 
to subsection b. of this section shall be without prejudice 
to the position of any party to the proceeding in which 
a hearing is otherwise required pursuant to section 189 a. ; 
and failure to assert any ground for denial or limitation 
of a temporary operating license shall not bar the asser- 
tion of such ground in connection with the issuance of a 
subsequent final operating license. 

"d. The authority under this section shall expire on 
October 30, 1973. 12a 

"CHAPTER 17. JOINT COMMITTEE ON ATOMIC 
ENERGY 

"Sec. 201. Membership. — There is hereby established 
a Joint Committee on Atomic Energy to be composed of 
nine Members of the Senate to be appointed by the Presi- 
dent of the Senate, and nine Members of the House of 
Representatives to be appointed by the Speaker of the 
House of Representatives. In each instance not more than 
five Members shall be members of the same political 
party. 

"Sec. 202. Authority and Duty. — 

"a. The Joint Committee shall make continuing studies 
of the activities of the Atomic Energy Commission and 
of problems relating to the development, use, and control 
of atomic energy. During the first ninety 13 days of each 
session of the Congress, the Joint Committee may conduct 
hearings in either open or executive session for the pur- 
pose of receiving information concerning the develop- 
ment, growth, and state of the atomic energy industry. 14 
The Commission shall keep the Joint Committee fully 
and currently informed with respect to all of the Commis- 
sion's activities. The Department of Defense shall keep 
the Joint Committee fully and currently informed with 
respect to all matters within the Department of Defense 
relating to the development, utilization, or application of 



Membership. 
42 U.S.C. 
sec. 2251. 



Authority 
and duty. 
42 U.S.C. 
sec. 2252. 

Joint 

Committee on 
Atomic Energy 
hearings. 



12 » Sec. 192 was added by Public Law 92-307 (86 Stat. 191) (1972). 

"Public Law 87-206 (75 Stat. 475) (1961), sec. 17, substituted the 
word "ninety" for the word "sixty". 

" Public Law 88-294 (78 Stat. 172) (1964), amended the second 
sentence of sec. 202. Before amendment this sentence read : "During the 
first ninety days of each session of the Congress, the Joint Committee shall 
conduct hearings in either open or executive session for the purpose of 
receiving information concerning the development, growth, and state of 
the atomic energy industry." 



94 

atomic energy. Any Government agency shall furnish 
any information requested by the Joint Commmittee with 
respect to the activities or responsibilities of that agency 
in the field of atomic energy. All bills, resolutions, and 
other matters in the Senate or the House of Representa- 
tives relating primarily to the Commission or to the de- 
velopment, use, or control of atomic energy shall be re- 
ferred to the Joint Committee. The members of the Joint 
Committee who are Members of the Senate shall from 
time to time report to the Senate, and the members of the 
Joint Committee who are Members of the House of Rep- 
resentatives shall from time to time report to the House, 
by bill or otherwise, their recommendations with respect 
to matters within the jurisdiction of their respective 
Houses which are referred to the Joint Committee or 
otherwise within the jurisdiction of the Joint Committee, 
"b. The members of the Joint Committee who are Mem- 
bers of the Senate and the members of the Joint Com- 
mittee who are Members of the House of Representatives 
shall, on or before June 30 of each year, report to their 
respective Houses on the development, use, and control of 
nuclear energy for the common defenses and security and 
for peaceful purposes. Each report shall provide facts 
and information available to the Joint Committee con- 
cerning nuclear energy which will assist the appropriate 
committees of the Congress and individual members in 
the exercise of informed judgment on matters of weap- 
onry : foreign policy : defense ; international trade ; and in 
respect to the expenditure and appropriation of Govern- 
ment revenues. Each report shall be presented formally 
under circumstances which provide for clarification and 
discussion by the Senate and the House of Representa- 
tives. In recognition of the need for public understand- 
ing, presentations of the reports shall be made to the 
maximum extent possible in open session and by means of 
unclassified written materials. 1411 
Chairman. "Sec. 203. Chairman. — Vacancies in the membership 

flec. U 2253*. °^ tne Joint Committee shall not affect the power of the 

remaining members to execute the functions of the Joint 
Committee, and shall be filled in the same manner as in 
the case of the original selection. The Joint Committee 
shall select a Chairman and a Vice Chairman from 
among its members at the beginning of each Congress. 
The Vice Chairman shall act in the place and stead of the 
Chairman in the absence of the Chairman. The Chair- 
manship shall alternate between the Senate and the 
House of Representatives with each Congress, and the 
Chairman shall be selected by the Members from that 
House entitled to the Chairmanship. The Vice Chairman 
shall be chosen from the House other than that of the 
Chairman by the Members from that House. 

» a Subsection 202 b. was added by Public Law 93-514 (88 Stat. 1611) 
(1974). 



95 



192-194. 



"Sec. 204. Powers. — In carrying out its duties under ^^lTsc 
this Act, the Joint Committee, or any duly authorized sec. 2254. 
subcommittee thereof, is authorized to hold such hear- 
ings or investigations, to sit and act at such places and 
times, to require, by subpena or otherwise, the attend- 
ance of such witnesses and the production of such books, 
papers, and documents, to administer such oaths, to take 
such testimony, to procure such printing and binding, 
and to make such expenditures as it deems advisable. 
The Joint Committee may make such rules respecting its 
organization and procedures as it deems necessary : Pro- 
vided, however, That no measure or recommendation 
shall be reported from the Joint Committee unless a 
majority of the committee assent. Subpenas may be 
issued over the signature of the Chairman of the Joint 
Committee or by any member designated by him or by 
the Joint Committee, and may be served by such person 
or persons as may be designated by such Chairman or 
member. The Chairman of the Joint Committee or any 
member thereof may administer oaths to witnesses. The Committee 
Joint Committee may use a committee seal. The provi- | u!s.c. 
sions of sections 102 to 104, inclusive, of the Revised 
Statutes, as amended, shall apply in case of any failure 
of any witness to comply with a subpena or to testify 
when summoned under authority of this section. The 
expenses of the Joint Committee shall be paid from the 
contingent fund of the Senate from funds appropriated 
for the Joint Committee upon vouchers approved by the 
Chairman. The cost of stenographic service to report 
public hearings shall not be in excess of the amounts 
prescribed by law for reporting the hearings of standing 
committees of the Senate. The cost of stenographic serv- 
ice to report executive hearings shall be fixed at an equi- 
table rate by the Joint Committee. Members of the Joint 
Committee, and its employees and consultants, while 
traveling on official business for the Joint Committee, 
may receive either the per diem allowance authorized to 
be paid to Members of Congress or its employees, or their 
actual and necessary expenses provided an itemized 
statement of such expenses is attached to the voucher. 
"Sec. 205. Staff and Assistance. — The Joint Com- 
mittee is empowered to appoint and fix the compensation £2 urs.c.' 
of such experts, consultants, technicians, and staff em- s 
ployees at it deems necessary and advisable. The Joint 
Committee is authorized to utilize the services, informa- 
tion, facilities, and personnel of the departments and 
establishments of the Government. The Joint Com- 
mittee is authorized to permit such of its members, 
employees, and consultants as it deems necessary in the 
interest of common defense and security to carry fire- 
arms while in the discharge of their official duties for the 
committee. 



Staff and 
assistance. 



96 



Classification 
of information. 
42 U.S.C. 
sec. 2256. 



Records. 
42 U.S.C. 
sec. 2257. 



"Sec. 206. Classification of Information. — The 
Joint Committee may classify information originating 
within the committee in accordance with standards used 
generally by the executive branch for classifying 
Restricted Data or defense information. 

"Sec. 207. Records. — The Joint Committee shall keep 
a complete record of all committee actions, including a 
record of the votes on any question on which a record 
vote is demanded. All committee records, data, charts, 
and files shall be the property of the Joint Committee 
and shall be kept in the offices of the Joint Committee or 
other places as the Joint Committee may direct under 
such security safeguards as the Joint Committee shall 
determine in the interest of the common defense and 
security. 



General 
provisions. 
42 U.S.C. 
sec. 2271. 



Violation 
of specific 
sections. 
42 U.S.C. 
sec. 2272. 



"CHAPTER 18. ENFORCEMENT 

"Sec. 221. General Provisions. — 

"a. To protect against the unlawful dissemination of 
Restricted Data and to safeguard facilities, equipment, 
materials, and other property of the Commission, the 
President shall have authority to utilize the services of 
any Government agency to the extent he may deem neces- 
sary or desirable. 

"b. The Federal Bureau of Investigation of the 
Department of Justice shall investigate all alleged or 
suspected criminal violations of this Act. 

"c. No action shall be brought against any individual 
or person for any violation under this Act unless and 
until the Attorney General of the United States has 
advised the Commission with respect to such action and 
no such action shall be commenced except by the Attor- 
ney General of the United States: Provided, hoivever. 
That no action shall be brought under section 222. 223, 
224, 225 or 226 except by the express direction of the 
Attorney General : And provided further. That nothing 
in this subsection shall be construed as applying to 
administrative action taken by the Commission. 14b 

"Sec. 222. Violation of Specific Sections. — Whoever 
willfully violates, attempts to violate, or conspires to 
violate, any provision of sections 57, 92, or 101, or who- 
ever unlawful interferes, attempts to interfere, or con- 
spires to interfere with any recapture or entry under 
section 108, shall, upon conviction thereof, be punished 
by a fine of not more than $10,000 or by imprisonment for 
not more than ten 14c years, or both, except that whoever 



"* Public Law 91-161 (83 Stat. 444) (1969), sec. 5, amended sec. 221 
by adding the second proviso. 

"« Public Law 91-161 (83 Stat. 444) (1969), sec. 2. amended sec. 222 
by substituting the word "ten" for the word "five". Sec. 7 provided that 
the amendment apply only to offenses committed on or after December 24, 
1969. 



97 



commits such an offense with intent to injure the United 
States or with intent to secure an advantage to any for- 
eign nation shall, upon conviction thereof, be punished 
by imprisonment for life, or by imprisonment for any 
term of years or a fine of not more than $20,000 or both. 14d 
"Sec. 223. Violation of Sections Generally. — Who- 
ever willfully violates, attempts to violate, or conspires 
to violate, any provision of this Act for which no crimi- 
nal 14e penalty is specifically provided or of any regula- 
tion or order prescribed or issued under section 65 or 
subsections 161 b., i., or o. 15 shall, upon conviction thereof, 
be punished by a fine of not more than $5,000 or by 
imprisonment for not more than two years, or both, 
except that whoever commits such an offense with intent 
to injure the United States or with intent to secure an 
advantage to any foreign nation, shall, upon conviction 
thereof, be punished by a fine of not more than $20,000 
or by imprisonment for not more than twenty years, or 
both. 

"Sec. 224. Communication of Restricted Data. — 
Whoever, lawfully or unlawfully, having possession of, 
access to, control over, or being entrusted with any docu- 
ment, writing, sketch, photograph, plan, model, instru- 
ment, appliance, note, or information involving or in- 
corporating Restricted Data — 

"a. communicates, transmits, or discloses the same 
to any individual or person, or attempts or conspires 
to do any of the foregoing, with intent to injure the 
United States or with intent to secure an advantage 
to any foreign nation, upon conviction thereof, shall 
be punished by imprisonment for life, or by im- 
prisonment for any term of years or a fine of not 
more than $20,000 or both; 15a ~ 

"b. communicates, transmits, or discloses the same 
to any individual or person, or attempts or conspires 
to do any of the foregoing, with reason to believe 
such data will be utilized to injure the United States 
or to secure an advantage to any foreign nation, 
shall, upon conviction, be punished by a fine of not 
more than $10,000 or imprisonment for not more 
than ten years, or both. 



Violation 
of sections 
generally. 
42 U.S.C 
sec. 227:5. 



Communica- 
tion of re- 
stricted data. 
42 U.S.C. 
sec. 2274. 



" d Public Law 91-161 (83 Stat. 444) (1969), sec. 3(a). amended sec. 
222 by substituting the words "imprisonment for life, or by imprisonment 
for any term of years or a fine of not more than S20.000 or both" in lieu 
of "death or imprisonment for life (but the penalty of death or imprison- 
ment for life may be imposed only upon recommendation of the jury), 
or by a fine of not more than $20,000 or by imprisonment for not more 
than 20 years, or both". Sec. 7 provided that the amendment apply only 
to offenses committed on or after December 24, 1969. 

14e Public Law 91-161 (S3 Stat. 444) (1969), sec. 6. amended sec. 223 
by adding the word "criminal" before the word "penalty". 

"Public Law 90-190 (SI Stat. 575) (1967). sec. 12, amended sec. 223 
by striking out the letter "p." appearing after the word "or", and insert- 
ing in lieu thereof the letter "o." 

1Ba See p. 93 for text of footnote. 



98 



Receipt of re- 
stricted data. 
42 U.S.C. 
sec. 2275. 



Tampering 

with restricted 

data. 

42 U.S.C. 

sec. 2276. 



Disclosure of 
restricted data. 
42 U.S.C. 
sec. 2277. 



Statute of 
limitations. 
42 U.S.C. 
sec. 2278. 



"Sec. 225. Receipt of Restricted Data. — Whoever, 
with intent to injure the United States or with intent to 
secure an advantage to any foreign nation, acquires, or 
attempts or conspires to acquire any document, writing, 
sketch, photograph, plan, model, instrument, appliance, 
note, or information involving or incorporating Re- 
stricted Data shall, upon conviction thereof, be punished 
by imprisonment for life, or by imprisonment for any 
term of years or a fine of not more than $20,000 or both. 15a 

"Sec. 226. Tampering With Restricted Data. — Who- 
ever, with intent to injure the United States or with in- 
tent to secure an advantage to any foreign nation, re- 
moves, conceals, tampers with, alters, mutilates, or de- 
stroys any document, writing, sketch, photograph, plan, 
model, instrument, appliance, or note involving or incor- 
porating Restricted Data and used by any individual or 
person in connection with the production of special nu- 
clear material, or research or development relating to 
atomic energy, conducted by the United States, or fi- 
nanced in whole or in part by Federal funds, or con- 
ducted with the aid of special nuclear material, shall be 
punished by imprisonment for life, or by imprisonment 
for any term of years or a fine of not more than $20,000 
or both. 15a 

"Sec. 227. Disclosure of Restricted Data. — 'Whoever, 
being or having been an employee or member of the Com- 
mission, a member of the Armed Forces, an employee of 
any agency of the United States, or being or having been 
a contractor of the Commission or of an agency of the 
United States, or being or having been an employee of a 
contractor of the Commission or of an agency of the 
United States, or being or having been a licensee of the 
Commission, or being or having been an employee of a 
licensee of the Commission, knowingly communicates, or 
whoever conspires to communicate or to receive, any 
Restricted Data, knowing or having reason to believe 
that such data is Restricted Data, to any person not 
authorized to receive Restricted Data pursuant to the 
provisions of this Act or under rule or regulation of the 
Commission issued pursuant thereto, knowing or having 
reason to believe such person is not so authorized to 
receive Restricted Data shall, upon conviction thereof, be 
punishable by a fine of not more than $2,500. 

"Sec. 228. Statute of Limitations. — Except for a 
capital offense, no individual or person shall be prose- 
cuted, tried, or punished for any offense prescribed or 
defined in sections 224 to 226, inclusive, of this Act, unless 



«» Public Law 91-161 (83 Stat. 444) (1969). sec. 3(b), amended sees. 
224a. 225. and 226 by substituting in eacb section, tbe words "imprison- 
ment for life, or by imprisonment for any term of years or a fine of not 
more than $20,000 or both" in lieu of "death or imprisonment for life 
(but the penalty of death or imprisonment for life may be imposed only 
upon recommendation of the jury), or by a fine of not more than $20,000 
or imprisonment for not more than twenty years, or both". Sec. 7 of the 
amendment provided that the amendment apply only to offenses committed 
on or after December 24, 1969. 



99 



the indictment is found or the information is instituted 
within ten years next after such offense shall have been 
committed. 

"Sec. 229. Trespass Upon Commission Installa- 
tions. 16 — 

"a. The Commission is authorized to issue regula- 
tions relating to the entry upon or carrying, trans- 
porting, or otherwise introducing or causing to be 
introduced any dangerous weapon, explosive, or 
other dangerous instrument or material likely to 
produce substantial injury or damage to persons or 
property, into or upon any facility, installation, or 
real property subject to the jurisdiction, adminis- 
tration, or in the custody of the Commission. Every 
such regulation of the Commission shall be posted 
conspicuously at the location involved. 

"b. Whoever shall willfully violate any regulation 
of the Commission issued pursuant to subsection a. 
shall, upon conviction thereof, be punishable by a 
fine of not more than $1,000. 

"c. Whoever shall willfully violate any regulation 
of the Commission issued pursuant to subsection a. 
with respect to any installation or other property 
which is enclosed by a fence, wall, floor, roof, or 
other structural barrier shall be guilty of a mis- 
demeanor and upon conviction thereof shall be 
punished by a fine of not to exceed $5,000 or to 
imprisonment for not more than one year, or both. 
"Sec. 230. Photographing, etc., of Commission 
Installations. 17 — It shall be an offense, punishable by a 
fine of not more than $1,000 or imprisonment for not 
more than one year, or both — 

"(1) to make any photograph, sketch, picture, 
drawing, map or graphical representation, while 
present on property subject to the jurisdiction, 
administration or in the custody of the Commission, 
of any installations or equipment designated by the 
President as requiring protection against the general 
dissemination of information relative thereto, in the 
interest of the common defense and security, with- 
out first obtaining the permission of the Commis- 
sion, and promptly submitting the product obtained 
to the Commission for inspection or such other 
action as may be deemed necessary ; or 

"(2) to use or permit the use of an aircraft or any 
contrivance used, or designed for navigation or 
flight in air, for the purpose of making a photo- 
graph, sketch, picture, drawing, map or graphical 
representation of any installation or equipment 
designated by the President as provided in the 



Trepass on 
Commission 
installations. 
42 U.S.C 
sec. 2278a. 



Photographing 
of Commission 
installations. 
42 U.S.C. 
sec. 2278b. 



18 Public Law 84-1006 (70 Stat. 1060) (1056), sec. 6, added a new 
sec. 220. 

"Public Law 84-1006 (70 Stat. 1060) (1056), sec. 6, added a new 
sec. 230. 



100 



Other laws. 
42 U.S.C. 
sec. 2279. 

Injunction 
proceedings. 
42 U.S.C. 
sec. 22S0. 



Contempt 
proceedings. 
42 U.S.C. 
sec. 2281. 



Civil penalties. 
42 U.S.C. 
sec. 2282. 

68 Stat. 930. 
42 U.S.C. 2073, 
2077, 2092, 
2093, 2111, 
2112, 2131, 
2133, 2134, 
2137, 2139, 
42 U.S.C. 
2236. 



preceding paragraph, unless authorized by the 
Commission. 

"Sec. 231. Other Laws. 18 — Sections 22-1 to 230 shall 
not exclude the applicable provisions of any other laws. 

"Sec. 232. 19 — Injunction Proceedings. — Whenever in 
the judgment of the Commission any person has engaged 
or is about to engage in any acts or practices which con- 
stitute or will constitute a violation of any provision of 
this Act, or any regulation or order issued thereunder, 
the Attorney General on behalf of the United States may 
make application to the appropriate court for an order 
enjoining such acts or practices, or for an order enforcing 
compliance with such provision, and upon a showing by 
the Commission that such person has engaged or is about 
to engage in any such acts or practices, a permanent or 
temporary injunction, restraining order, or other order 
may be granted. 

"Sec. 233. 19 Contempt Proceedings. — In case of fail- 
ure or refusal to obey a subpena served upon any person 
pursuant to subsection 161 c, the district court for any 
district in which such person is found or resides or trans- 
acts business, upon application by the Attorney General 
on behalf of the United States, shall have jurisdiction to 
issue an order requiring such person to appear and give 
testimony or to appear and produce documents, or both, 
in accordance with the subpena ; and any failure to obey 
such order of the court may be punished by such court as 
a contempt thereof. 

"Sec. 234. 19a Civil Monetary Penalties for Viola- 
tions of Licensing Requirements. — 

"a. Any person who (1) violates any licensing provi- 
sion of section 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 
109 or any rule, regulation, or order issued thereunder, or 
any term, condition, or limitation of any license issued 
thereunder, or (2) commits any violation for which a 
license may be revoked under section 186, shall be subject 
to a civil penalty, to be imposed by the Commission, of 
not to exceed $5,000 for each such violation: Provided, 
That in no event shall the total penalty payable by any 
person exceed $25,000 for all violations by such person 
occurring within any period of thirty consecutive days. 
If any violation is a continuing one, each da} T of such 
violation shall constitute a separate violation for the pur- 



1S Public Law 84-1006 (70 Stat. 1069) (1956). sec. 7, amended former 
sec. 229 and redesignated it as sec. 231. Before amendment, sec. 229 rear! : 

"Sec. 229. Other Laws. — Sections 224 to 228 shall not exclude the 
applicable provisions of any other laws." 

19 Public Law S4-1006 (70 Stat. 1069) (1956). sec. 6. renumbered 
former sees. 230 and 231 to sees. 232 and 233, respectively. 

™ a Public Law 91-161 (S3 Stat. 444) (1969), sec. 4, added sec. 234. 



101 



Written 
notification. 



pose of computing the applicable civil penalty. The Com- 
mission shall have the power to compromise, mitigate, or 
remit such penalties. 

"b. Whenever the Commission has reason to believe * 
that a person has become subject to the imposition of a 
civil penalty under the provisions of this section, it shall 
notify such person in writing (1) setting forth the date, 
facts, and nature of each act or omission with which the 
person is charged, (2) specifically identifying the par- 
ticular provision or provisions of the section, rule, regu- 
lation, order, or license involved in the violation, and (3) 
advising of each penalty which the Commission proposes 
to impose and its amount. Such written notice shall be 
sent by registered or certified mail by the Commission to 
the last known address of such person. The person so 
notified shall be granted an opportunity to show in writ- 
ing, within such reasonable period as the Commission 
shall by regulation prescribe, why such penalty should 
not be imposed. The notice shall also advise such person 
that upon failure to pay the civil penalty subsequently 
determined by the Commission, if any, the penalty may 
be collected by civil action. 

"c. On the request of the Commission, the Attorney 
General is authorized to institute a civil action to collect 
a penalty imposed pursuant to this section. The Attorney 
General shall have the exclusive power to compromise, 
mitigate, or remit such civil penalties as are referred to 
him for collection. 



"CHAPTER 19. MISCELLANEOUS 



"Sec. 241. Transfer or Property.— Nothing in this ^^ of 
Act shall be deemed to repeal, modify, amend, or alter 42 u s c 
the provisions of section 9(a) of the Atomic Energy se c. 2015*. 
Act of 1946, as heretofore amended. 20 

"Sec. 251. Report to Congress. — The Commission J^p ^ 
shall submit to the Congress, in January 21 of each year, 42 n u r s.c'. 
a report concerning the activities of the Commission. Bec - 2om 
The Commission shall include in such report, and shall 
at such other times as it deems desirable submit to the 
Congress, such recommendations for additional legisla- 
tion as the Commission deems necessary or desirable. 



20 See appendix B, sec. 9(a). 

» Public Law 86-43 (73 Stat. 73) (1959), amended sec. 251 by deleting 
the words "and July" after the word "January". 



102 

J£. U 2ox£ " Sec - 261 - Appropriations.— 22 

"a. No appropriation 23 shall be made to the Commis- 
sion, nor shall the Commission waive charges for the use 
of materials under the Cooperative Power Reactor Dem- 
onstration Program, unless previously authorized by 
legislation enacted by the Congress. 24 

k 'b. Any Act appropriating funds to the Commission 
may appropriate specified portions thereof to be ac- 
counted for upon the certification of the Commission 

onl y- 

"c. Notwithstanding the provisions of subsection a., 
funds are hereby authorized to be appropriated for the 
restoration or replacement of any plant or facility de- 
stroyed or otherwise seriously damaged, and the Com- 

22 Public Law 88-72 (77 Stat. 84) (1963), sec. 107, the AEC Fiscal 
Year 1964 Authorization Act, amended section 261. Before amendment 
this section read as follows : 

"Sec. 261. Appropriations. — 

"a. There are hereby authorized to be appropriated such sums as may 
be necessary and appropriate to carry out the provisions and purposes of 
this Act, except — 

"(1) Such as may be necessary for acquisition or condemnation 
of any real property or any facility or for plant or facility acquisition, 
construction or expansion : Provided, That for the purposes of this 
subsection a., any nonmilitary experimental reactor which is designed 
to produce more than 10,000 thermal kilowatts of heat (except for 
intermittent excursions) or which is designed to be used in the 
production of electric power shall be deemed to be a facility. 

"(2) Such as may be necessary to carry out cooperative programs 
with persons for the development and construction of reactors for 
the demonstration of their use, in whole or in part, in the production 
of electric power or process heat, or for propulsion, or solely or 
principally for the commercial provision of byproduct material, 
irradiation, or other special services, for civilian use, by arrange- 
ments (including contracts, agreements, and loans) or amendments 
thereto, providing for the payment of funds, the rendering of serv- 
ices, and the undertaking of research and development without full 
reimbursement, the waiver of charges accompanying such arrange- 
ment, or the provision by the Commission of any other financial 
assistance pursuant to such arrangement, or which involves the 
acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction or expansion under- 
taken by the Commission as a part of such arrangements, 
"b. The acts appropriating such sums may appropriate specified por- 
tions thereof to be accounted for upon the certification of the Commission 
only. 

"c. Funds are hereby authorized to be appropriated for advance plan- 
ning, construction design, and architectural services in connection with 
any plant or facility not otherwise authorized, and for the restoration or 
replacement of any plant or facility destroyed or otherwise seriously 
damaged, and the Commission is authorized to use available funds for 
such purposes. 

"d. Funds hereafter authorized to be appropriated for any project to 
be used in connection with the development or production of special 
nuclear material or atomic weapons may be used to start another project 
not otherwise authorized if the substituted project is within the limit of 
cost of the project for which substitution is to be made, and the Commis- 
sion certifies that — 

"(1) the substituted project is essential to the common defense 
and security ; 

"(2) the substituted project is required by changes in weapon 
characteristics or weapon logistic operations ; and 

"(3) the Commission is unable to enter into a contract with any 
person on terms satisfactory to it to furnish from a privately owned 
plant or facility the product or services to be provided by the new 
project." Subsecs. c. and d. added by Public Law 87-615 (76 Stat. 
409), sec. 8. For previous amendments of this section see "Atomic 
Energy Legislation Through 87th Congress, 2nd Session," p. 79.) 

23 Excerpts from legislation appropriating funds to the Atomic Energy 
Commission are set forth in appendix E. 

31 Legislation authorizing appropriations to the Commission is set forth 
in Part II, infra. 



103 



mission is authorized to use available funds for such pur- 
poses. 

"d. Funds authorized to be appropriated for any con- 
struction project to be used in connection with the de- 
velopment or production of special nuclear material or 
atomic weapons may be used to start another construc- 
tion project not otherwise authorized if the substituted 
construction project is within the limit of cost of the 
construction project for which substitution is to be made, 
and the Commission certifies that — 

" (1) the substituted project is essential to the com- 
mon defense and security; 

" (2) the substituted project is required by changes 
in weapon characteristics or weapon logistics opera- 
tions; and 

" (3) the Commission is unable to enter into a con- 
tract with any person on terms satisfactory to it to 
furnish from a privately owned plant or facility the 
product or services to be provided by the new project. 
"Sec. 271. Agency Jurisdiction. — Nothing in this Act 
shall be construed to affect the authority or regulations 
of any Federal, State, or local agency with respect to 
the generation, sale, or transmission of electric power 
produced through the use of nuclear facilities licensed by 
the Commission : Provided, That this section shall not be 
deemed to confer upon any Federal, State, or local agency 
any authority to regulate, control, or restrict any activi- 
ties of the Commission. 25 

"Sec. 272. Applicability or Federal Power Act. — 
Every licensee under this Act who holds a license from 
the Commission for a utilization or production facility 
for the generation of commercial electric energy under 
section 103 and who transmits such electric energy in 
interstate commerce or sells it as wholesale in interstate 
commerce shall be subject to the regulatory provisions 
of the Federal Power Act. 

"Sec. 273. Licensing of Government Agencies. — 
Nothing in this Act shall preclude any Government 
agency now or hereafter authorized by law to engage in 
the production, marketing, or distribution of electric 
energy from obtaining a license under section 103, if 
qualified under the provisions of section 103, for the con- 
struction and operation of production or utilization fa- 
cilities for the primary purpose of producing electric 
energy for disposition for ultimate public consumption. 



Agency 
jurisdiction. 
42 U.S.C. 
sec. 2018. 



Applicability 
of Federal 
Power Act. 
42 U.S.C. 
sec. 2019. 



Licensing of 
Government 
agencies. 
42 U.S.C. 
sec. 2020. 



» Public Law S9-135 (79 Stat. 551) (1965), amended sec. 271. Prior 
to amendment this section read as follows : 

"Sec. 271. Agency Jurisdiction. — Nothing in this Act shall be con- 
strued to affect the authority or regulations of any Federal, State, or 
local agency with respect to the generation, sale, or transmission of 
electric power." 



104 



Cooperation 
with States. 
42 U.S.C. 
sec. 2021. 



Agreements 
with States. 



"Sec. 274. Cooperation With States. 26 — 
u a. It is the purpose of this section — 

"(1) to recognize the interests of the States in the 
peaceful uses of atomic energy, and to clarify the 
respective responsibilities under this Act of the 
States and the Commission with respect to the regu- 
lation of byproduct, source, and special nuclear ma- 
terials ; 

" (2) to recognize the need, and establish programs 
for, cooperation between the States and the Com- 
mission with respect to control of radiation hazards 
associated with use of such materials; 

"(3) to promote an orderly regulatory pattern be- 
tween the Commission and State governments with 
respect to nuclear development and use and regula- 
tion of byproduct, source, and special nuclear ma- 
terials ; 

"(4) to establish procedures and criteria for dis- 
continuance of certain of the Commission's regula- 
tory responsibilities with respect to byproduct, 
source, and special nuclear materials, and the as- 
sumption thereof by the States; 

"(5) to provide for coordination of the develop- 
ment of radiation standards for the guidance of 
Federal agencies and cooperation with the States; 
and 

" (6) to recognize that, as the States improve their 
capabilities to regulate effectively such materials, 
additional legislation may be desirable. 
"b. Except as provided in subsection c, the Commis- 
sion is authorized to enter into agreements with the Gov- 
ernor of any State providing for discontinuance of the 
regulatory authority of the Commission under chapters 
6, 7, and 8, and section 161 of this Act, with respect to 
any one or more of the following materials within the 
State — 

" ( 1 ) bj T product materials ; 
"(2) source materials ; 

"(3) special nuclear materials in quantities not 
sufficient to form a critical mass. 
During the duration of such an agreement it is recog- 
nized that the State shall have authority to regulate the 
materials covered by the agreement for the protection of 
the public health and safety from radiation hazards. 

"c. No agreement entered into pursuant to subsection 
b. shall provide for discontinuance of any authority and 
the Commission shall retain authority and responsibility 
with respect to regulation of — 

"(1) the construction and operation of any pro- 
duction or utilization facility ; 



Public Law 86-373 (73 Stat. 6S8) (1059), sec. 1, added sec. 274. 



105 



Conditions. 



"(2) the export from or import into the United 
States of byproduct, source, or special nuclear mate- 
rial, or of any production or utilization facility ; 

" (3) the disposal into the ocean or sea of byprod- 
uct, source, or special nuclear waste materials as 
defined in regulations or orders of the Commission ; 
" (4) the disposal of such other byproduct, source, 
or special nuclear material as the Commission deter- 
mines by regulation or order should, because of the 
hazards or potential hazards thereof, not be so dis- 
posed of without a license from the Commission. 
Notwithstanding any agreement between the Commis- 
sion and any State pursuant to subsection b., the Com- 
mission is authorized by rule, regulation, or order to 
require that the manufacturer, processor, or producer of 
any equipment, device, commodity, or other product 
containing source, byproduct, or special nuclear material 
shall not transfer possession or control of such product 
except pursuant to a license issued by the Commission, 
"d. The Commission shall enter into an agreement 
under subsection b. of this section with any State if — 
"(1) The Governor of that State certifies that the 
State has a program for the control of radiation 
hazards adequate to protect the public health and 
safety with respect to the materials within the State 
covered by the proposed agreement, and that the 
State desires to assume regulatory responsibility for 
such materials; and 
"(2) the Commission finds that the State pro- 
gram is compatible with the Commission's program 
for the regulation of such materials, and that the 
State program is adequate to protect the public 
health and safety with respect to the materials 
covered by the proposed agreement. 
a e. (1) Before any agreement under subsection b. is ? u pjJ ation 
signed by the Commission, the terms of the proposed 
agreement and of proposed exemptions pursuant to sub- 
section f . shall be published once each week for four con- 
secutive weeks in the Federal Register ; and such oppor- 
tunity for comment by interested persons on the pro- 
posed agreement and exemptions shall be allowed as the 
Commission determines by regulation or order to be ap- 
propriate. 

"(2) Each proposed agreement shall include the pro- 
posed effective date of such proposed agreement or ex- 
emptions. The agreement and exemptions shall be pub- 
lished in the Federal Register within thirty days after 
signature by the Commission and the Governor. 

"f . The Commission is authorized and directed, by regu- 
lation or order, to grant such exemptions from the licens- 
ing requirements contained in chapters 6, 7, and 8, and 



Licensing 

requirements. 

Exemptions. 



65-23 



76- 



106 



Federal 

Radiation 

Council. 



Inspections. 



Termination 
of agreement. 



from its regulations applicable to licensees as the Com- 
mission finds necessary or appropriate to carry out any 
agreement entered into pursuant to subsection b. of this 
section. 

"g. The Commission is authorized and directed to co- 
operate with the States in the formulation of standards 
for protection against hazards of radiation to assure that 
State and Commission programs for protection against 
hazards of radiation will be coordinated and compatible. 

"h. There is hereby established a Federal Radiation 
Council, consisting of the Secretary of Health, Educa- 
tion, and Welfare, the Chairman of the Atomic Energy 
Commission, the Secretary of Defense, the Secretary of 
Commerce, the Secretary of Labor, or their designees, 
and such other members as shall be appointed by the 
President. The Council shall consult qualified scientists 
and experts in radiation matters, including the President 
of the National Academy of Sciences, the Chairman of 
the National Committee on Radiation Protection and 
Measurement, and qualified experts in the field of biol- 
ogy and medicine and in the field of health physics. The 
Special Assistant to the President for Science and Tech- 
nology, or his designee, is authorized to attend meetings, 
participate in the deliberations of, and to advise the 
Council. The Chairman of the Council shall be desig- 
nated by the President, from time to time, from among 
the members of the Council. The Council shall advise the 
President with respect to radiation matters, directly or 
indirectly affecting health, including guidance for all 
Federal agencies in the formulation of radiation stand- 
ards and in the establishment and execution of programs 
of cooperation with States. The Council shall also per- 
form such other functions as the President may assign 
to it by Executive order. 

"i. The Commission in carrying out its licensing and 
regulatory responsibilities under this Act is authorized 
to enter into agreements with any State, or group of 
States, to perform inspections or other functions on a 
cooperative basis as the Commission deems appropriate. 
The Commission is also authorized to provide training, 
with or without charge, to employees of, and such other 
assistance to, any State or political subdivision thereof 
or group of States as the Commission deems appropriate. 
Any such provision or assistance by the Commission 
shall take into account the additional expenses that may 
be incurred by a State as a consequence of the State's 
entering into an agreement with the Commission pursu- 
ant to subsection b. 

"j. The Commission, upon its own initiative after rea- 
sonable notice and opportunity for hearing to the State 
with which an agreement under subsection b. has become 
effective, or upon request of the Governor of such State, 
may terminate or suspend its agreement with the State 



107 



and reassert the licensing and regulatory authority 
vested in it under this Act, if the Commission finds that 
such termination or suspension is required to protect the 
public health and safety. 

"k. Nothing in this section shall be construed to affect 
the authority of any State or local agency to regulate 
activities for purposes other than protection against radi- 
ation hazards. 

"1. With respect to each application for Commission 
license authorizing an activity as to which the Commis- 
sion's authority is continued pursuant to subsection c, 
the Commission shall give prompt notice to the State or 
States in which the activity will be conducted of the 
filing of the license application ; and shall afford reason- 
able opportunity for State representatives to offer evi- 
dence, interrogate witnesses, and advise the Commission 
as to the application without requiring such representa- 
tives to take a position for or against the granting of the 
application. 

"m. No agreement entered into under subsection b., 
and no exemption granted pursuant to subsection f., 
shall affect the authority of the Commission under sub- 
section 161 b. or i. to issue rules, regulations, or orders 
to protect the common defense and security, to protect 
restricted data or to guard against the loss or diversion 
of special nuclear material. For purposes of subsection 
161 i., activities covered by exemptions granted pursuant 
to subsection f . shall be deemed to constitute activities 
authorized pursuant to this Act; and special nuclear 
material acquired by any person pursuant to such an 
exemption shall be deemed to have been acquired pur- 
suant to section 53. 

"n. As used in this section, the term 'State' means any 
State, Territory, or possession of the United States, the 
Canal Zone, Puerto Eico, and the District of Columbia. 

"Sec. 281. Separability. — If any provision of this Act 
or the application of such provision to any person or cir- 
cumstances, is held invalid, the remainder of this Act or 
the application of such provision to persons or circum- 
stances other than those as to which it is held invalid, 
shall not be affected thereby. 

"Sec. 291. Short Title. — This Act may be cited as the 
'Atomic Energy Act of 1954'." 

Sec. 2.— 

a. Section 1 (d) of the Act of December 29, 1950 (64 
Stat. 1129), is amended by inserting before the period 
at the end thereof a semicolon and the following : "when 
such order was entered by the Atomic Energy Commis- 
sion, 'agency' means that Commission". 

b. Section 2 of the Act of December 29, 1950 (64 Stat. 
1129), is amended by inserting before the period at the 
end of the first paragraph thereof a comma and the fol- 
lowing: "and (d) of the Atomic Energy Commission 



Notice of 
filing. 



Definition. 



Separability 



Short title. 



28 U.S.C. 
2341(3) (A). 



28 U.S.C. 2342. 
Conrt of 
Appeals, 

jurisdiction. 



108 

made reviewable by section 189 of the Atomic Energy 
Act of 1954, as amended". 
Procession ^ec. ^' There is hereby retroceded to the State of New 

Mexico the exclusive jurisdiction heretofore acquired 
from the State of New Mexico by the United States of 
America over the following land of the United States 
Atomic Energy Commission in Bernalillo County and 
within the boundaries of the Sandia Base, Albuquerque, 
New Mexico. 

Beginning at the center quarter corner of section 30, 
township 10 north, range 4 east, New Mexico principal 
meridian, Bernalillo County, New Mexico, thence south 
no degrees twenty-three minutes thirty seconds west one 
thousand nine hundred forty-seven and twenty one-hun- 
dredths feet, thence north eighty-nine degrees thirty-six 
minutes forty-five seconds east two thousand sixty-eight 
and forty one-hundredths feet, thence north eighty-nine 
degrees three minutes fifteen seconds east five hundred 
forty-six feet, thence north no degrees thirty-nine min- 
utes no seconds east two hundred thirty-two and seventy 
one-hundreths feet, thence north eighty-nine degrees 
twenty-one minutes no seconds west eight hundred fifty- 
two and twenty one-hundredths feet, thence north no de- 
grees thirty-nine minutes no seconds east five hundred 
and sixty one-hundredths feet, thence along the back of 
the south curb of West Sandia Drive, Sandia Base, Ber- 
nalillo County, New Mexico, eight hundred sixty-five and 
sixt}' one-hundredths feet, thence north no degrees thirty- 
nine minutes no seconds east one thousand three hun- 
dred thirty-five and three-tenths feet to a point south 
eight-nine degrees twenty-seven minutes forty-five sec- 
onds west a distance of thirty feet from the quarter cor- 
ner common to sections 30 and 29, township 10 north, 
range 4 east, thence south eighty-nine degrees, twenty- 
seven minutes forty-five seconds west two thousand six 
hundred twenty-three and forty one-hundredths feet to 
the point of beginning. 

This retrocession of jurisdiction shall take effect upon 
acceptance by the State of New Mexico. 

Approved August 30, 1954, 9 :44 a.m., E.D.T. 



PART II. ENERGY REORGANIZATION 
ACT OF 1974 



PUBLIC LAW 93-438 [H.R. 11510] 

[88 Stat. 1233] 

AN ACT 

To reorganize and consolidate certain functions of the Federal 
Government in a new Energy Research and Development Ad- 
ministration and in a new Nuclear Regulatory Commission in 
order to promote more efficient management of such functions. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress as- 
sembled, 

SHORT TITLE 



Energy Re- 
organization 
Act of 1974. 



Section 1. This Act may be cited as the "Energy Re- note 
organization Act of 1974". 



42 U.S.C. 5801 



DECLARATION OF PURPOSE 

Sec. 2. (a) The Congress hereby declares that the gen- 42u.s.c. ssoi. 
eral welfare and the common defense and security re- 
quire effective action to develop, and increase the effi- 
ciency and reliability of use of, all energy sources to meet 
the needs of present and future generations, to increase 
the productivity of the national economy and strengthen 
its position in regard to international trade, to make the 
Nation self-sufficient in energy, to advance the goals of 
restoring, protecting, and enhancing environmental 
quality, and to assure public health and safety. 

(b) The Congress finds that, to best achieve these ob 
jectives, improve Government operations, and assure the D^eiopm 
coordinated and effective development of all energy 
sources, it is necessary to establish an Energy Research 
and Development Administration to bring together and 
direct Federal activities relating to research and de- 
velopment on the various sources of energy, to increase 
the efficiency and reliability in the use of energy, and to 
carry out the performance of other functions, including 
but not limited to the Atomic Energy Commission's 
military and production activities and its general basic 88 stat. 1233. 
research activities. In establishing an Energy Research ss stat 1234 - 
and Development Administration to achieve these ob- 
jectives, the Congress intends that all possible sources of 
energy be developed consistent with warranted priori- 
ties. 

(109) 



Energy Re- 
search and 

ent 
Administration, 
establishment. 



110 



Separation of 
AEC licensing 
and regulatory 
functions. 



Small business 
participation. 



Priorities. 



(c) The Congress finds that it is in the public interest 
that the licensing and related regulatory functions of the 
Atomic Energy Commission be separated from the per- 
formance of the other functions of the Commission, and 
that this separation be effected in an orderly manner, 
pursuant to this Act, assuring adequacy of technical and 
other resources necessary for the performance of each. 

(d) The Congress declares that it is in the public 
interest and the policy of Congress that small business 
concerns be given a reasonable opportunity to partici- 
pate, insofar as is possible, fairly and equitably in grants, 
contracts, purchases, and other Federal activities relat- 
ing to research, development, and demonstration of 
sources of energy efficiency, and utilization and conser- 
vation of energy. In carrying out this policy, to the ex- 
tent practicable, the Administrator shall consult with the 
Administrator of the Small Business Administration. 

(e) Determination of priorities which are warranted 
should be based on such considerations as power-related 
values of an energy source, preservation of material re- 
sources, reduction of pollutants, export market potential 
(including reduction of imports) , among others. On such 
a basis, energy sources warranting priority might in- 
clude, but not be limited to, the various methods of 
utilizing solar energy. 



TITLE I— ENEKGY RESEARCH AND DEVEL- 
OPMENT ADMINISTRATION 



ESTABLISHMENT 



42U.S.C. 5811. 



Sec. 101. There is hereby established an independent 
executive agency to be known as the Energy Research 
and Development Administration (hereinafter in this 
Act referred to as the "Administration"). 



OFFICERS 



Administrator. 
42U.S.C. 5812. 



Deputy 
Administrator. 



Sec. 102. (a) There shall be at the head of the Admin- 
istration an Administrator of Energy Research and De- 
velopment (hereinafter in this Act referred to as the 
"Administrator"), who shall be appointed from civilian 
life by the President by and with the advice and con- 
sent of the Senate. A person may not be appointed as 
Administrator within two years after release from active 
duty as a commisisoned officer of a regular component 
of an Armed Force. The Administration shall be admin- 
istered under the supervision and direction of the Ad- 
ministrator, who shall be responsible for the efficient and 
coordinated management of the Administration. 

(b) There shall be in the Administration a Deputy 
Administrator, who shall be appointed by the Presi- 
dent, by and with the advice and consent of the Senate. 



Ill 



(c) The President shall appoint the Administrator 
and Deputy Administrator from among individuals who. 
by reason of their general background and experience 
are specially qualified to manage a full range of energy 
research and development programs. 

(d) There shall be in the Administration six Assistant 
Administrators, one of whom shall be responsible for 
fossil energy, another for nuclear energy, another for 
environment and safety, another for conservation, an- 
other for solar, geothermal, and advanced energy sys- 
tems, and another for national security. The Assistant 
Administrators shall be appointed by the President, by 
and with the advice and consent of the Senate. The Presi- 
dent shall appoint each Assistant Administrator from 
among individuals who, by reason of general background 
and experience, are specially qualified to manage the en- 
ergy technology area assigned to such Assistant Admin- 
istrator. 

(e) There shall be in the Administration a General 
Counsel who shall be appointed by the Administrator 
and who shall serve at the pleasure of and be removable 
by the Administrator. 

(f ) There shall be in the Administration not more than 
eight additional officers appointed by the Administrator. 
The positions of such officers shall be considered career 
positions and be subject to subsection 161 d. of the Atomic 
Energy Act. 

(g) The Division of Military Application transferred 
to and established in the Administration by section 104 
(d) of this Act shall be under the direction of a Director 
of Military Application, who shall be appointed by the 
Administrator and who shall serve at the pleasure of 
and be removable by the Administrator and shall be an 
active commissioned officer of the Armed Forces serv- 
ing in general or flag officer rank or grade. The functions, 
qualifications, and compensation of the Director of Mili- 
tary Application shall be the same as those provided 
under the Atomic Energy Act of 1954, as amended, for 
the Assistant General Manager for Military Application. 

(h) Officers appointed pursuant to this section shall 
perform such functions as the Administrator shall 
specify from time to time. The Administrator shall dele- 
gate to one such officer the special responsibility for 
international cooperation in all energy and related en- 
vironmental research and development. 

(i) The Deputy Administrator (or in the absence or 
disability of the Deputy Administrator, or in the event 
of a vacancy in the office of the Deputy Administrator, 
an Assistant Administrator, the General Counsel or such 
other official, determined according to such order as the 
Administrator shall prescribe) shall act for and perform 
the functions of the Administrator during anv absence 



88 Stat. 1234. 
88 Stat. 1235. 



Assistant 
Adminis- 
trators. 



General 
Counsel. 



Additional 
officers. 



Director of 

Military 

Application. 



42U.S.C. 2011 
note. 



International 
cooperation. 



Order of 
succession. 



112 

or disability of the Administrator or in the event of a 
vacancy in the office of the Administrator. 

RESPONSIBILITIES OF THE ADMINISTRATOR 

42u.s.c. 5813. Sec. 103. The responsibilities of the Administrator 
shall include, but not be limited to — 

(1) exercising central responsibility for policy 
planning, coordination, support, and management 

88 stat. 1235. of research and development programs respecting all 

88 stat. 1236. energy sources, including assessing the requirements 

for research and development in regard to various 
energy sources in relation to near-term and long- 
range needs, policy planning in regard to meeting 
those requirements, undertaking programs for the 
optimal development of the various forms of energy 
sources, managing such programs, and disseminating 
information resulting therefrom ; 

(2) encouraging and conducting research and de- 
velopment, including demonstration of commercial 
feasibility and practical applications of the extrac- 
tion, conversion, storage, transmission, and utiliza- 
tion phases related to the development and use of 
energy from fossil, nuclear, solar, geothermal, and 
other energy sources ; 

(3) engaging in and supporting environmental, 
biomedical, physical, and safety research related to 
the development of energy sources and utilization 
technologies ; 

(4) taking into account the existence, progress, 
and results of other public and private research and 
development activities, including those activities of 
the Federal Energy Administration relating to the 
development of energy resources using currently 
available technology in promoting increased utiliza- 
tion of energy resources, relevant to the Administra- 
tion's mission in formulating its own research and 
development programs; 

(5) participating in and supporting cooperative 
research and development projects which may in- 
volve contributions by public or private persons or 
agencies, of financial or other resources to the per- 
formance of the work ; 

(6) developing, collecting, distributing, and mak- 
ing available for distribution, scientific and techni- 
cal information concerning the manufacture or de- 
velopment of energy and its efficient extraction, 
conversion, transmission, and utilization ; 

(7) creating and encouraging the development of 
general information to the public on all energy con- 
servation technologies and energy sources as they 
become available for general use, and the Admin- 



113 



istrator, in conjunction with the Administrator of 
the Federal Energy Administration shall, to the 
extent practicable, disseminate such information 
through the use of mass communications; 

(8) encouraging and conducting research and de- 
velopment in energy conservation, which shall be 
directed toward the goals of reducing total energy 
consumption to the maximum extent practicable, 
and toward maximum possible improvement in the 
efficiency of energy use. Development of new and 
improved conservation measures shall be conducted 
with the goal of the most expeditious possible appli- 
cation of these measures ; 

(9) encouraging and participating in interna- 
tional cooperation in energy and related environ- 
mental research and development ; 

(10) helping to assure an adequate supply of man- 
power for the accomplishment of energy research 88 stat. 1236. 
and development programs, by sponsoring and as- 
sisting in education and training activities in insti- 
tutions of higher education, vocational schools, and 
other institutions, and by assuring the collection, 
analysis, and dissemination of necessary manpower 
supply and demand data ; 

(11) encouraging and conducting research and 
development in clean and renewable energy sources. 



Stat. 1237. 



42U.S.C. 5814. 



ABOLITIOX AXD TRANSFERS 

Sec. 104. (a) The Atomic Energy Commission is here- Atomic 
by abolished. Sections 21 and 22 of the Atomic Energy commission 
Act of 1954, as amended (42 U.S.C. 2031 and 2032) are 
repealed. 

(b) All other functions of the Commission, the Chair- 
man and members of the Commission, and the officers and 
components of the Commission are hereby transferred or 
allowed to lapse pursuant to the provisions of this Act. 

(c) There are hereby transferred to and vested in the 
Administrator all functions of the Atomic Energy Com- 
mission, the Chairman and members of the Commission, 
and the officers and components of the Commission, ex- 
cept as otherwise provided in this Act. 

(d) The General Advisory Committee established pur- 
suant to section 26 of the Atomic Energy Act of 1954. as 
amended (42 U.S.C. 2036), the Patent Compensation 
Board established pursuant to section 157 of the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2187) and the 
Divisions of Military Application and Naval Research 
established pursuant to section 25 of the Atomic Energv 
Act of 1954, as amended (42 U.S.C. 2035) , are transferred 
to the Energy Research and Development Administration 
and the functions of the Commission with respect thereto, 



114 



Interior 

Department 

functions. 



88 Stat. 1238. 
Helium 
applications 
study. 

88 Stat. 1238. 
Report to 
President and 
Congress. 

National 
Science 
Foundation 
functions. 



Environmental 
Protection 
Agency 
functions. 



and with respect to relations with the Military Liaison 
Committee established by section 27 of the Atomic Energy 
Act of 1954, as amended (42 U.S.C. 2037) , are transferred 
to the Administrator. 

(e) There are hereby transferred to and vested in the 
Administrator such functions of the Secretary of the In- 
terior, the Department of the Interior, and officers and 
components of such department — 

(1) as relate to or are utilized by the Office of Coal 
Research established pursuant to the Act of July 
1, 1960 (74 Stat. 336; 30 U.S.C. 661-668) ; 

(2) as relate to or are utilized in connection with 
fossil fuel energy research and development pro- 
grams and related activities conducted by the Bureau 
of Mines "energy centers" and synthane plant to pro- 
vide greater efficiency in the extraction, processing, 
and utilization of energy resources for the purpose of 
conserving those resources, developing alternative 
energy resources such as oil and gas secondary and 
tertiary recovery, oil shale and synthetic fuels, im- 
proving methods of managing energy-related wastes 
and pollutants, and providing technical guidance 
needed to establish and administer national energy 
policies; and 

(3) as relate to or are utilized for underground 
electric power transmission research. 

The Administrator shall conduct a study of the potential 
energy applications of helium and, within six months 
from the date of the enactment of this Act, report to the 
President and Congress his recommendations concerning 
the management of the Federal helium programs, as they 
relate to energy. 

(f ) There are hereby transferred to and vested in the 
Administrator such functions of the National Science 
Foundation as relate to or are utilized in connection 
with — 

(1) solar heating and cooling development; and 

(2) geothermal power development. 

(g) There are hereby transferred to and vested in the 
Administrator such functions of the Environmental Pro- 
tection Agency and the officers and components thereof as 
relate to or are utilized in connection with research, de- 
velopment, and demonstration, but not assessment or 
monitoring for regulatory purposes, of alternative auto- 
motive power systems. 

(h) To the extent necessary or appropriate to perform 
functions and carry out programs transferred by this 
Act, the Administrator and Commissions may exercise, in 
relation to the functions so transferred, any authority or 
part thereof available by law, including appropriation 
Acts, to the official or agency from which such functions 
were transferred. 



115 

( i ) In the exercise of his responsibilities under section agln?fes' ther 
103, the Administrator shall utilize, with their consent, to capabilities, 
the fullest extent he determines advisable the technical 
and management capabilities of other executive agencies 
having facilities, personnel, or other resources which can 
assist or advantageously be expanded to assist in carry- 
ing out such responsibilities. The Administrator shall 
consult with the head of each agency with respect to 
such facilities, personnel, or other resources, and may 
assign, with their consent, specific programs or projects 
in energy research and development as appropriate. In 
making such assignments under this subsection, the head 
of each such agency shall insure that — 

(1) such assignments shall be in addition to and 
not detract from the basic mission responsibilities of 
the agency, and 

(2) such assignments shall be carried out under 
such guidance as the Administrator deems appro- 
priate. 

ADMINISTRATIVE PROVISIONS 



Sec. 105. (a) The Administrator is authorized to pre- 
scribe such policies, standards, criteria, procedures, rules, 
and regulations as he may deem to be necessary or appro- 
priate to perform functions now or hereafter vested in 
him. 

(b) The Administrator shall engage in such policy 
planning, and perform such program evaluation analyses 
and other studies, as may be necessary to promote the effi- 
cient and coordinated administration of the Administra- 
tion and properly assess progress toward the achieve- 
ment of its missions. 

(c) Except as otherwise expressly provided by law, the 
Administrator may delegate any of his functions to such 
officers and employees of the Administration as he may 
designate, and may authorize such successive redelega- 
tions of such functions as he may deem to be necessary 
or appropriate. 

(d) Except as provided in section 102 and in section 
104(d) , the Administrator may organize the Administra- 
tion as he may deem to be necessary or appropriate. 

(e) The Administrator is authorized to establish, main- 
tain, alter, or discontinue such State, regional, district, 
local, or other field offices as he may deem to be necessary 
or appropriate to perform functions now or hereafter 
vested in him. 

(f ) The Administrator shall cause a seal of office to be 
made for the Administration of such device as he shall 
approve, and judicial notice shall be taken of such seal. 

(g) The Administrator is authorized to establish a 
working capital fund, to be available without fiscal year 
limitation, for expenses necessary for the maintenance 



Regulations. 
42U.S.C. 5815. 



Policy plan- 
ning and 
evalaution. 



Delegation oi 
functions. 



Organization. 



Field offices. 



SS Stat. 1239. 
Seal. 



Working capi- 
tal fund. 



116 



Information 
from other 
agencies. 



and operation of such common administrative services as 
he shall find to be desirable in the interests of economy 
and efficiency. There shall be transferred to the fund the 
stocks of supplies, equipment, assets other than real prop- 
erty, liabilities, and unpaid obligations relating to the 
services which he determines will be performed through 
the fund. Appropriations to the fund, in such amounts as 
may be necessary to provide additional working capital, 
are authorized. The working capital fund shall recover, 
from the appropriations and funds for which services are 
performed, either in advance or by way of reimburse- 
ment, amounts which will approximate the costs incurred, 
including the accrual of annual leave and the deprecia- 
tion of equipment. The fund shall also be credited with 
receipts from the sale or exchange of its property, and 
receipts in payment for loss or damage to property owned 
by the fund. 

(h) Each department, agency, and instrumentality of 
the executive branch of the Government is authorized to 
furnish to the Administrator, upon his request, any infor- 
mation or other data which the Administrator deems nec- 
essary to carry out his duties under this title. 



PERSONNEL AND SERVICES 



Appointment 
and pay. 

42U.S.C. 5816. 



Experts and 
consultants. 



Military 

personnel. 



Sec. 106. (a) The Administrator is authorized to select, 
appoint, employ, and fix the compensation of such officers 
and employees, including attorneys, pursuant to section 
161 d. of the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2201 (d) ) as are necessary to perform the functions 
now or hereafter vested in him and to prescribe their 
functions. 

(b) The Administrator is authorized to obtain services 
as provided by section 3109 of title 5 of the United States 
Code. 

(c) The Administrator is authorized to provide for 
participation of military personnel in the performance of 
his functions. Members of the Army, the Navy, the Air 
Force, or the Marine Corps may be detailed for service in 
the Administration by the appropriate military Secre- 
tary, pursuant to cooperative agreements with the Secre- 
tary, for service in the Administration in positions other 
than a position the occupant of which must be approved 
by and with the advice and consent of the Senate. 

(d) Appointment, detail, or assignment to, acceptance 
of, and service in, any appointive or other position in the 
Administration under this section shall in no way affect 
the status, office, rank, or grade which such officers or 
enlisted men may occupy or hold, or any emolument, per- 
quisite, right, privilege, or benefit incident to or arising 
out of any such status, office, rank, or grade. A member so 
appointed, detailed, or assigned shall not be subject to 



117 



Transporta- 
tion and 
per diem. 



direction or control by his Armed Force, or any officer 
thereof, directly or indirectly, with respect to the respon- 
sibilities exercised in the position to which appointed, 
detailed, or assigned. 

(e) The Administrator is authorized to pay transporta- 
tion expenses, and per diem in lieu of subsistence ex- 
penses, in accordance with chapter 57 of title 5 of the 
United States Code for travel between places of recruit- 
ment and duty, and while at places of duty, of persons 
appointed for emergency, temporary, or seasonal services 
in the field service of the Administration. 

(f) The Administrator is authorized to utilize, on a HJJtnei of 0, 
reimbursable basis, the services of any personnel made other agencies, 
available by any department, agency, or instrumentality, 
including any independent agency of the Government. 

(g) The Administrator is authorized to establish ad- 
visory boards, in accordance with the provisions of the 
Federal Advisory Committee Act (Public Law 92-463), 5 u.s.c. app. i. 
to advise with and make recommendations to the Admin- 
istrator on legislation, policies, administration, research, 

and other matters. 

(h) The Administrator is authorized to employ persons Noncitizens. 
who are not citizens of the United States in expert, scien- 
tific, technical, or professional capacities whenever he 
deems it in the public interest. 



Advisory 
boards. 



POWERS 



Contracts, etc. 



Sec. 107. (a) The Administrator is authorized to exer- J e e ^f rc me a n n t d 
cise his powers in such manner as to insure the continued 
conduct of research and development and related activi- 42 u.s.c. 5817. 
ties in areas or fields deemed by the Administrator to be 
pertinent to the acquisition of an expanded fund of scien- 
tific, technical, and practical knowledge in energy mat- 
ters. To this end, the Administrator is authorized to make 
arrangements (including contracts, agreements, and 
loans) for the conduct of research and development ac- 
tivities with private or public institutions or persons, in- 
cluding participation in joint or cooperative projects of a 
research, developmental, or experimental nature; to make 
payments (in lump sum or installments, and in advance or 
by way of reimbursement, with necessary adjustments on 
account of overpayments or underpayments) ; and gen- 
erally to take such steps as he ma} 7 deem necessary or ap- 
propriate to perform functions now or hereafter vested in 
him. Such functions of the Administrator under this Act 
as are applicable to the nuclear activities transferred pur- 
suant to this title shall be subject to the provisions of the 
Atomic Energy Act of 1954, as amended, and to other ^te' SC ' 2011 
authority applicable to such nuclear activities. The non- 
nuclear responsibilities and functions of the Administra- 
tor referred to in sections 103 and 104 of this Act shall be 



118 



Facilities and 
real property. 
40 U.S.C. 601 
note. 
5 U.S.C. 
app. II. 



Services for 
employees 
at remote 
locations. 



8S Stat. 1241. 



carried out pursuant to the provisions of this Act, appli- 
cable authority existing immediately before the effective 
date of this Act, or in accordance with the provisions of 
chapter 4 of the Atomic Energy Act of 1954, as amended 
(42 U.S.C. 2051-2053) ; 

(b) Except for public buildings as defined in the Public 
Buildings Act of 1959, as amended, and with respect to 
leased space subject to the provisions of Reorganization 
Plan Numbered 18 of 1950, the Administrator is author- 
ized to acquire (by purchase, lease, condemnation, or 
otherwise) , construct, improve, repair, operate, and main- 
tain facilities and real property as the Administrator 
deems to be necessary in and outside of the District of 
Columbia. Such authority shall apply only to facilities 
required for the maintenance and operation of labora- 
tories, research and testing sites and facilities, quarters, 
and related accommodations for employees and depend- 
ents of employees of the Administration, and such other 
special-purpose real property as the Administrator deems 
to be necessary in and outside the District of Columbia. 
Title to any property or interest therein, real, personal, or 
mixed, acquired pursuant to this section, shall be in the 
United States. 

(c)(1) The Administrator is authorized to provide, 
construct, or maintain, as necessary and when not other- 
wise available, the following for employees and their 
dependents stationed at remote locations : 

(A) Emergency medical services and supplies. 

(B) Food and other subsistence supplies. 

(C) Messing facilities. 

(D) Audiovisual equipment, accessories, and sup- 
plies for recreation and training. 

(E) Reimbursement for food, clothing, medicine, 
and other supplies furnished by such employees in 
emergencies for the temporary relief of distressed 
persons. 

(F) Living and working quarters and facilities. 

(G) Transportation for school-age dependents of 
employees to the nearest appropriate educational 
facilities. 

(2) The furnishing of medical treatment under sub- 
paragraph (A) of paragraph (1) and the furnishing of 
services and supplies under paragraphs (B) and (C) of 
paragraph (1) shall be at prices reflecting reasonable 
value as determined by the Administrator. 

(3) Proceeds from reimbursements under this section 
shall be deposited in the Treasury and may be withdrawn 
by the Administrator to pay directly the cost of such 
work or services, to repay or make advances to appropria- 
tions or funds which do or will bear all or a part of such 
cost, or to refund excess sums when necessary; except 
that such payments may be credited to a service or work- 



119 



Dissemination 
of information. 



ing capital fund otherwise established by law, and used 
under the law governing such funds, if the fund is avail- 
able for use by the Administrator for performing the 
work or services for which payment is received. 

(d) The Administrator is authorized to acquire any of Acquisition o* 
the following described rights if the property acquired patent! etc. 
thereby is for use in, or is useful to, the performance of 
functions vested in him : 

(1) Copyrights, patents, and applications for pat- 
ents, designs, processes, specifications, and data. 

(2) Licenses under copyrights, patents, and ap- 
plications for patents. 

(3) Releases, before suit is brought, for past in- 
fringement of patents or copyrights. 

(e) Subject to the provisions of chapter 12 of the 
Atomic Energy Act of 1954, as amended (42 U.S.C. 2161- 
2166), and other applicable law, the Administrator shall 
disseminate scientific, technical, and practical informa- 
tion acquired pursuant to this title through information 
programs and other appropriate means, and shall encour- 
age the dissemination of scientific, technical, and practical 
information relating to energy so as to enlarge the fund 
of such information and to provide that free interchange 
of ideas and criticism which is essential to scientific and 
industrial progress and public understanding. 

(f ) The Administrator is authorized to accept, hold, 
administer, and utilize gifts, and bequests of property, 
both real and personal, for the purpose of aiding or facili- 
tating the work of the Administration. Gifts and bequests 
of money and proceeds from sales of other property re- 
ceived as gifts or bequests shall be deposited in the Treas- 
ury and shall be disbursed upon the order of the Admin- 
istrator. For the purposes of Federal income, estate, and 
gift taxes, property accepted under this section shall be 
considered as a gift or bequest to the United States. 



Gifts and 
bequests. 



AIR TRANSPORTATION OF PLUTONIUM 



The Energy Reseach and Development Administration 
shall not ship plutonium in any form by aircraft whether 
exports, imports, or domestic shipment: Provided, That 
any exempt shipments of plutonium, as defined by section 
502, are not subject to this restriction. This restriction 
shall be in force until the Energy Research and Develop- 
ment Administration has certified to the Joint Committee 
on Atomic Energ}^ of the Congress that a safe container 
has been developed and tested which will not rupture un- 
der crash and blast testing equivalent to the crash and 
explosion of a high-flying aircraft. 



42 u.s.c. 
note. 



5817 



120 



"Exempt 

shipment 

of 

Plutonium." 

42 U.S.C. 5S17 

note. 



Sec. 502. For the purposes of this title, the term "ex- 
empt shipments of plutonium" shall include the follow- 
ing: 

( 1 ) Plutonium shipments in any form designed for 
medical application. 

(2) Plutonium shipments which pursuant to rules 
promulgated by the Administrator of the Energy Re- 
search and Development Administration are deter- 
mined to be made for purposes of national security, 
public health and safety, or emergency maintenance 
operations. 

(3) Shipments of small amounts of plutonium 
deemed by the Administrator of the Energy Re- 
search and Development Administration to require 
rapid shipment by air in order to preserve the chem- 
ical, physical, or isotopic properties of the trans- 
ported item or material. 1 



Energy 
Resources 
Council, 
establishment. 
42 U.S.C. 5818. 



88 Stat. 1242. 



INTERIM COORDINATION 

Sec. 108. (a) There is established in the Executive Of- 
fice of the President an Energy Resources Council. The 
Council shall be composed of the Secretary of the Inte- 
rior, the Administrator of the Federal Energy Adminis- 
st ration, the Administrator of the Energy Research and 
Development Administration, the Secretary of State, the 
Director, Office of Management and Budget, and such 
other officials of the Federal Government as the President 
may designate. The President shall designate one of the 
members of the Council to serve as Chairman. 

(b) It shall be the duty and function of the Council 
to— 

(1) insure communication and coordination 
among the agencies of the Federal Government 
which have responsibilities for the development and 
implementation of energy policy or for the manage- 
ment of energy resources ; 

(2) make recommendations to the President and 
to the Congress for measures to improve the imple- 
mentation of Federal energy policies or the manage- 
ment of energy resources with particular emphasis 
upon policies and activities involving two or more 
Departments or independent agencies; and 

(3) advise the President in the preparation of the 
reorganization recommendations required by section 
110 of this Act. 

1 Public Law 94-187 (89 Stat. 1063) (1975), Sec. 501, added a new 
paragrapb to sec. 107 imposing restrictions on the shipment by air trans- 
port of plutonium. 



121 



(c) The Chairman of the Council may not refuse to ^lf ony 
testify before the Congress or any duly authorized com- congress. 
mittee thereof regarding the duties of the Council or 

other matters concerning interagency coordination of 
energy policy and activities. 

(d) This section shall be effective no later than sixty Effective 
days after the enactment of this Act or such earlier date 
as the President shall prescribe and publish in the Fed- 
eral Register, and shall terminate upon enactment of a 
permanent department responsible for energy and nat- 
ural resources or two years after such effective date, 
whichever shall occur first. 



date. 

ou in 



Federal 

Register. 



FUTURE REORGANIZATION 

Sec. 109. (a) The President shall transmit to the Con- 
gress as promptly as possible, but not later than June 30, 
1975, such additional recommendations as he deems 
advisable for organization of energy and related func- 
tions in the Federal Government, including, but not lim- 
ited to, whether or not there shall be established (1) a 
Department of Energy and Natural Resources. (2) an 
Energy Policy Council, and (3) a consolidation in whole 
or in part of regulatory functions concerning energy. 

(b) This report shall replace and serve the purposes 
of the report required by section 15 (a) (4) of the Federal 
Energy Administration Act- 



Report to 

Congress. 
42U.S.C. 5819. 



Ante, p. 109. 



COORDINATION WITH ENVIRONMENTAL EFFORTS 

Sec. 110. The Administrator is authorized to establish 42 u.s.c. 5S20. 
programs to utilize research and development performed 
by other Federal agencies to minimize the adverse envi- 
ronmental effects of energy projects. The Administrator 
of the Environmental Protection Agency, as well as other 
affected agencies and departments, shall cooperate fully 
with the Administrator in establishing and maintaining 
such programs, and in establishing appropriate inter- 
agency agreements to develop cooperative programs and 
to avoid unnecessary duplication. 

TITLE II— XUCLEAR REGULATORY 
COMMISSION 



ESTABLISHMENT AND TRANSFERS 

Sec. 201. (a) (1) There is established an independent 
regulatory commission to be known as the Xuclear Regu- 
latory Commission which shall be composed of five mem- 



Members and 

Chairman. 

42 U.S.C. 5841. 



no-234— 7(3- 



122 

bers, each of whom shall be a citizen of the United States. 

ss stat. 1243. 'j^ p re sident shall designate one member of the Com- 
mission as Chairman thereof to serve as such during the 
pleasure of the President. The Chairman may from time 
to time designate any other member of the Commission 
as Acting Chairman to act in the place and stead of the 
Chairman during his absence. The Chairman (or the 
Acting Chairman in the absence of the Chairman) shall 
preside at all meetings of the Commission and a quorum 
for the transaction of business shall consist of at least 
three members present. Each member of the Commission, 
including the Chairman, shall have equal responsibility 
and authority in all decisions and actions of the Commis- 
sion, shall have full access to all information relating to 
the performance of his duties or responsibilities, and 
shall have one vote. Action of the Commission shall be 
determined by a majority vote of the members present. 
The Chairman (or Acting Chairman in the absence of 
the Chairman) shall be the official spokesman of the 
Commission in its relations with the Congress, Govern- 
ment agencies, persons, or the public, and, on behalf of 
the Commission, shall see to the faithful execution of the 
policies and decisions of the Commission, and shall re- 
port thereon to the Commission from time to time or as 

Seal. the Commission may direct. The Commission shall have 

an official seal which shall be judicially noticed. 

(2) The Chairman of the Commission shall be the 
principal executive officer of the Commission, and he 

Commission shall exercise all of the executive and administrative 
functions.' functions of the Commission, includng functions of the 

Commission with respect to (a) the appointment and 
supervision of personnel employed under the Commis- 
sion (other than personnel employed regularly and full 
time in the immediate offices of Commissioners other 
than the Chairman, and except as otherwise provided 
42 u.s.c. 5S01 in the Energy Reorganization Act of 1974), (b) the 
note - distribution of business among such personnel and among 

administrative units of the Commission, and (c) the 
use and expenditure of funds. 

(3) In carrying out any of his functions under the pro- 
visions of this section the Chairman shall be governed 
by general policies of the Commission and by such reg- 
ulatory decisions, findings, and determinations as the 
Commission may by law be authorized to make. 

(4) The appointment by the Chairman of the heads 
of major administrative units under the Commission 
shall be subject to the approval of the Commission. 

(5) There are hereby reserved to the Commission its 
functions with respect to revising budget estimates and 



123 

•with respect to determining upon the distribution of ap- 
propriated funds according to major programs and 
purposes. 
- The Nuclear Regulatory Commission shall not li- Plutonium 

-, • , ° •• •• ; , p t , • shipments, 

cense any shipments by air transport of piutonium in restrict! 

•any form, whether exports, imports or domestic ship- n ~ t( ! s ' ' '^ 41 
ments: Provided, however, That any piutonium in any 
tform contained in a medical device designed for indi- 
vidual human application is not subject to this restric- 
tion. This restriction shall be in force until the Nuclear 
[Regulatory Commission has certified to the Joint Com- 
mittee on Atomic Energy of the Congress that a safe 
•container has been developed and tested which will not 
rupture under crash and blast-testing equivalent to the 
crash and explosion of a high-flying aircraft. 2 

(b) (1) Members of the Commission shall be appointed 
by the President, by and with the advice and consent of 
the Senate. 

(2) Appointments of members pursuant to this sub- 
section shall be made in such a manner that not more 
than three members of the Commission shall be members 
of the same political party. 

(c) Each member shall serve for a term of five years, Term of office, 
each such term to commence on July 1, except that of the 42 u«s.c. 5S4i. 
five members first appointed to the Commission, one shall 

serve for one year, one for two years, one for three years, 
one for four years, and one for five years, to be desig- 
nated by the President at the time of appointment ; and 
except that any member appointed to fill a vacancy oc- 
curring prior to the expiration of the term for which his 
predecessor was appointed, shall be appointed for the 
remainder of such term. For the purpose of determining 
the expiration date of the terms of office of the five mem- 
bers first appointed to the Nuclear Regulatory Commis- 
sion, each such term shall be deemed to have begun 
July 1, 1975. 3 

(d) Such initial appointments shall be submitted to the submission m 
Senate within sixty days of the signing of this Act. Any Jo Senate"' tH 
individual who is serving as a member of the Atomic 

Energy Commission at the time of the enactment of this 
Act, and who may be appointed by the President to the 



2 Public Law 94-79 (89 Stat. 413) (1975), Sec. 201 amended snbsec. 
201(a) by adding new subparagraphs (2) through (5), and by adding a 
new paragraph imposing restrictions on the shipment by air transport 
of piutonium. 

3 Public Law 94-79 (89 Stat. 413) (1975), sees. 202 and 203. amended 
subsec. 201(c). Prior to amendment this subsection read as follows: 

"(e) Each member shall serve for a term of five years, each such term 
to commence on July 1, except that of the five members first appointed 
to the Commission, one shall serve for one year, one for two years, one 
for three years, one for four years, and one for five years, to be desig- 
nated by the President at the time of appointment." * 



124 



Transfer of 

AEC functions 
and personnel. 



Additional 
transfers. 



88 Stat. 1244. 



42 U.S.C. 2011 
note. 



Commission, shall be appointed for a term designated by 
the President, but which term shall terminate not later 
than the end of his present term as a member of the 
Atomic Energy Commission, without regard to the re- 
quirements of subsection (b) (2) of this section. Any sub- 
sequent appointment of such individuals shall be subject 
to the provisions of this section. 

(e) Any member of the Commission may be removed 
by the President for inefficiency, neglect of duty, or mal- 
feasance in office. No member of the Commission shall 
engage in any business, vocation, or employment other 
than that of serving as a member of the Commission. 

(f) There are hereby transferred to the Commission 
all the licensing and related regulatory functions of the 
Atomic Energy Commission, the Chairman and members 
of the Commission, the General Counsel, and other officers 
and components of the Commission — which functions, 
officers, components, and personnel are excepted from the 
transfer to the Administrator by section 104(c) of this 
Act. 

(g) In addition to other functions and personnel trans- 
ferred to the Commission, there are also transferred to 
the Commission — 

(1) the functions of the Atomic Safety and Licens- 
ing Board Panel and the Atomic Safety and Licens- 
ing Appeal Board; 

(2) such personnel as the Director of the Office of 
Management and Budget determines are necessary 
for exercising responsibilities under section 205, re- 
lating to, research, for the purpose of confirmatory 
assessment relating to licensing and other regulation 
under the provisions of the Atomic Energy Act of 
1954, as amended, and of this Act. 



LICEXSIXGAXD RELATED REGULATORY FUXCTIOXS RESPECT- 
IXG SELECTED ADMIXISTRATIOX FACILITIES 



42 U.S.C. 5842. 



42 U.S.C. 

2071-2112, 

2131-2140. 



Sec. 202. Notwithstanding the exclusions provided for 
in section 110 a. or anv other provisions of the Atomic 
Energy Act of 1954. as amended (42 U.S.C. 2140(a)), 
the Nuclear Regulatory Commission shall, except as 
otherwise specifically provided by section 110 b. of the 
Atomic Energy Act of 1954, as amended (42 U.S.C. 
2140(b) ) , or other law, have licensing and related regula- 
tory authority pursuant to chapters 6, 7, 8, and 10 of the 
Atomic Energy Act of 1954, as amended, as to the follow- 
ing facilities of the Administration : 

(1) Demonstration Liquid Metal Fast Breeder 
reactors when operated as part of the power genera- 
tion facilities of an electric utility system, or when 
operated in any other manner for the purpose of 
demonstrating the suitability for commercial appli- 
cation of such a reactor. 



125 



(2) Other demonstration nuclear reactors — except 
those in existence on the effective date of this Act — 
when operated as part of the power generation 
facilities of an electric utility system, or when op- 
erated in any other manner for the purpose of 
demonstrating the suitability for commercial appli- 
cation of such a reactor. 

(3) Facilities used primarily for the receipt and 
storage of high-level radioactive wastes resulting 
from activities licensed under such Act. 

(4) Retrievable Surface Storage Facilities and 
other facilities authorized for the express purpose 
of subsequent long-term storage of high-level radio- 
active waste generated by the Administration, 
which are not used for, or are part of, research and 
development activities. 

OFFICE OF NUCLEAR REACTOR REGULATION 



42U.S.C. 
note. 



2011 



Sec. 203. (a) There is hereby established in the Com- E .f il^ 1 ^ -™™£ 
mission an Office of Nuclear Reactor Regulation under Director." ° 
the direction of a Director of Nuclear Reactor Regula- 
tion, who shall be appointed by the Commission, who 
may report directly to the Commission, as provided in 
section 209, and who shall serve at the pleasure of and 
be removable by the Commission. 

(b) Subject to the provisions of this Act, the Director Functions. 
of Nuclear Reactor Regulation shall perform such func- 
tions as the Commission shall delegate including: 

(1) Principal licensing and regulation involving 
all facilities, and materials licensed under the 
Atomic Energy Act of 1954, as amended, associated 
with the construction and operation of nuclear re- 
actors licensed under the Atomic Energy Act of 
1954, as amended ; 

(2) Review the safety and safeguards of all such 
facilities, materials, and activities, and such review 
functions shall include, but not be limited to — 

(A) monitoring, testing and recommending 
upgrading of systems designed to prevent sub- 
stantial health or safety hazards; and 

(B) evaluating methods of transporting 
special nuclear and other nuclear materials and 
of transporting and storing high-level radio- 
active wastes to prevent radiation hazards to 
employees and the general public. 

(3) Recommend research necessary for the dis- 
charge of the functions of the Commission. 

(c) Nothing in this section shall be construed to limit 
in any way the functions of the Administration relating 
to the safe operation of all facilities resulting from all 
activities within the jurisdiction of the Administration 
pursuant to this Act. 



Stat. 1245. 



126 



OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS 



Establishment. 
42 U.S.C. 5844. 
Director. 



Functions. 



42 U.S.C. 2011 
note. 



Report to 
Congress. 



88 Stat. 124G. 



Sec. 204. (a) There is hereby established in the Com- 
mission an Office of Nuclear Material Safety and Safe- 
guards under the direction of a Director of Nuclear Ma- 
terial Safety and Safeguards, who shall be appointed by 
the Commission, who may report directly to the Com- 
mission as provided in section 209, and who shall serve 
at the pleasure of and be removable by the Commission. 

(b) Subject to the provisions of this Act, the Director 
of Nuclear Material Safety and Safeguards shall per- 
form such functions as the Commission shall delegate 
including : 

(1) Principal licensing and regulation involving 
all facilities and materials, licensed under the Atomic 
Energy Act of 1954, as amended, associated with the 
processing, transport, and handling of nuclear mate- 
rials, including the provision and maintenance of 
safeguards against threats, thefts, and sabotage of 
such licensed facilities, and materials. 

(2) Review safety and safeguards of all such facili- 
ties and materials licensed under the Atomic Energy 
Act of 1954, as amended, and such review shall in- 
clude, but not be limited to — 

(A) monitoring, testing, and recommending 
upgrading of internal accounting systems for 
special nuclear and other nuclear materials li- 
censed under the Atomic Energy Act of 1954, as 
amended ; 

(B) developing, in consultation and coordina- 
tion with the Administration, contingency plans 
for dealing with threats, thefts, and sabotage 
relating to special nuclear materials, high-level 
radioactive wastes and nuclear facilities result- 
ing from all activities licensed under the Atomic 
Energy Act of 1954, as amended ; 

.(C) assessing the need for, and the feasibility 
of, establishing a security agency within the of- 
fice for the performance of the safeguards func- 
tions, and a report with recommendations on this 
matter shall be prepared within one year of the 
effective date of this Act and promptly trans- 
mitted to the Congress by the Commission. 

(3) Recommending research to enable the Com- 
mission to more effectively perform its functions. 

(c) Nothing in this section shall be construed to limit 
in any way the functions of the Administration relating 
to the safeguarding of special nuclear materials, high- 
level radioactive wastes and nuclear facilities resulting 
from all activities within the jurisdiction of the Admin- 
istration pursuant to this Act. 



127 



OFFICE OF NUCLEAR REGULATORY RESEARCH 

Sec. 205. (a) There is hereby established in the Com- 
mission and Office of Nuclear Regulatory Research under 
the direction of a Director of Nuclear Regulatory 
Research, who shall be appointed by the Commission, 
who may report directly to the Commission as provided 
in section 209, and who shall serve at the pleasure of and 
be removable by the Commission. 

(b) Subject to the provisions of this Act, the Director 
of Nuclear Regulatory Research shall perform such func- 
tions as the Commission shall delegate including : 

(1) Developing recommendations for research 
deemed necessary for performance by the Commis- 
sion of its licensing and related regulatory functions. 

(2) Engaging in or contracting for research 
which the Commission deems necessary for the per- 
formance of its licensing and related regulatory 
functions. 

(c) The Administrator of the Administration and the 
head of ever} 7 other Federal agency shall — ■ 

(1) cooperate with respect to the establishment of 
priorities for the furnishing of such research serv- 
ices as requested by the Commission for the conduct 
of its functions ; 

(2) furnish to the Commission, on a reimbursable 
basis, through their own facilities or by contract or 
other arrangement, such research services as the 
Commission deems necessary and requests for the 
performance of its functions ; and 

(3) consult and cooperate with the Commission 
on research and development matters of mutual 
interest and provide such information and physical 
access to its facilities as will assist the Commission 
in acquiring the expertise necessary to perform its 
licensing and related regulatory functions. 

(d) Nothing in subsections (a) and (b) of this section 
or section 201 of this Act shall be construed to limit in 
any way the functions of the Administration relating to 
the safety of activities within the jurisdiction of the 
Administration. 

(e) Each Federal agency, subject to the provisions of 
existing law, shall cooperate with the Commission and 
provide such information and research services, on a 
reimbursable basis, as it may have or be reasonably able 
to acquire. 

NONCOMPLIANCE 

Sec. 206. (a) Any individual director, or responsible 
officer of a firm constructing, owning, operating, or sup- 
plying the components of any facility or activity which 



Establishment. 
42 U.S. C. 5845. 



Director. 



Functions. 



Cooperation 
of Federal 
agencies. 



Information 
and research 
services. 



42 C.S.C. 5S4C 



12S 



42 U.S. C. 2011 

note. 



8S Stat. 1247. 

Penalty. 

42 U.S. C. 22S2. 



Posting of 
requirements. 
42 U.S.C. 2011 
note. 

Enforcement. 



is licensed or otherwise regulated pursuant to the Atomic 
Energy Act of 1954 as amended, or pursuant to this Act, 
who obtains information reasonably indicating that such 
facility or activity or basic components supplied to such 
facility or activity — 

(1) fails to comply with the Atomic Energy Act 
of 1954, as amended, or any applicable rule, regula- 
tion, order, or license of the Commission relating to 
substantial safety hazards, or 

(2) contains a defect which would create a sub- 
stantial safety hazard, as defined by regulations 
which the Commission shall promulgate, 

shall immediately notify the Commission of such failure 
to comply, or of such defect, unless such person has actual 
knowledge that the Commission has been adequately in- 
formed of such defect or failure to comply. 

(b) Any person who knowingly and consciously fails 
to provide the notice required by subsection (a) of this 
section shall be subject to a civil penalty in an amount 
equal to the amount provided by section 234 of the Atomic 
Energy Act of 195-i, as amended. 

(c) The requirements of this section shall be promi- 
nently posted on the premises of any facility licensed or 
otherwise regulated pursuant to the Atomic Energy Act 
of 1954. as amended. 

(d) The Commission is authorized to conduct such 
reasonable inspections and other enforcement activities as 
needed to insure compliance with the provisions of this 
section. 



NUCLEAR ENERGY CENTER SITE SURVEY 



42 U.S.C. 5S47. 



Federal-State- 
local coopera- 
tion. 

Solicitation 
of views. 



Definition. 



Sec. 207. (a) (1) The Commission is authorized and 
directed to make or cause to be made under its direction, a 
national survey, which shall include consideration of each 
of the existing or future electric reliability regions, or 
other appropriate regional areas, to locate and identify 
possible nuclear energy center sites. This survey shall be 
conducted in cooperation with other interested Federal, 
State, and local agencies, and the views of interested per- 
sons, including electric utilities, citizens' groups, and 
others, shall be solicited and considered. 

(2) For purposes of this section, the term ''nuclear 
energy center site" means any site, including a site not 
restricted to land, large enough to support utility opera- 
tions or other elements of the total nuclear fuel cycle, or 
both including, if appropriate, nuclear fuel reprocessing 
facilities, nuclear fuel fabrication plants, retrievable nu- 
clear waste storage facilities, and uranium enrichment 
facilities. 

(3) The survey shall include — 

(a) a regional evaluation of natural resources, in- 
cluding land, air, and water resources, available for 



129 



use in connection with nuclear energy center sites; 
estimates of future electric power requirements that 
can be served by each nuclear energy center site ; an 
assessment of the economic impact of each nuclear 
energy site ; and consideration of any other relevant 
factors, including but not limited to population dis- 
tribution, proximity to electric load centers and to 
other elements of the fuel cycle, transmission line 
rights-of-way, and the availability of other fuel re- 
sources; 

(b) an evaluation of the environmental impact 
likely to result from construction and operation of 
such nuclear energy centers, including an evaluation 
whether such nuclear energy centers will result in 
greater or lesser environmental impact than separate 
siting of the reactors and/or fuel cycle facilities ; and 

(c) consideration of the use of federally owned 
property and other property designated for public 
use, but excluding national parks, national forests, 
national wilderness areas, and national historic 
monuments. 

(4) A report of the results of the survey shall be 
published and transmitted to the Congress and the Coun- 
cil on Environmental Quality not later than one year 
from the date of the enactment of this Act and shall be 
made available to the public, and shall be updated from 
time to time thereafter as the Commission, in its discre- 
tion, deems advisable. The report shall include the Com- 
mission's evaluation of the results of the survey and 
any conclusions and recommendations, including recom- 
mendations for legislation, which the Commission may 
have concerning the feasibility and practicality of locat- 
ing nuclear power reactors and/or other elements of the 
nuclear fuel cycle or nuclear energy center sites. The 
Commission is authorized to adopt policies which will 
encourage the location of nuclear power reactors and 
related fuel cycle facilities on nuclear energy center sites 
insofar as practicable. 



Report to 
Congress and 
Council on 
Environmental 
Quality ; pub- 
lic availability 



88 Stat. 1248. 



ABNORMAL OCCURRENCE REPORTS 



Sec. 208. The Commission shall submit to the Con- 
gress each quarter a report listing for that period any 
abnormal occurrences at or associated with any facility 
which is licensed or otherwise regulated pursuant to the 
Atomic Energy Act of 1954 as amended, or pursuant to 
this Act. For the purposes of this section an abnormal 
occurrence is an unscheduled incident or event which 
the Commission determines is significant from the stand- 
point of public health or safety. Nothing in the preced- 
ing sentence shall limit the authority of a court to re- 
view the determination of the Commission. Each such 
report shall contain — 

(1) the date and place of each occurrence; 



Reports to 
Congress. 
42U.S.C. 5S4S. 



42U.S.C. 201 I 
note. 



130 



Public dis- 
semination of 
Information. 



(2) the nature and probable consequence of each 
occurrence ; 

(3) the cause or causes of each; and 

(4) any action taken to prevent reoccurrence; 
the Commission shall also provide as wide dissemina- 
tion to the public of the information specified in clauses 
(1) and (2) of this section as reasonably possible within 
fifteen days of its receiving information of each abnor- 
mal occurrence and shall provide as wide dissemination 
to the public as reasonably possible of the information 
specified in clauses (3) and (4) as soon as such informa- 
tion becomes available to it. 



OTHER OFFICERS 

r>fr e ec U tor e Sec. ^. (a) The Commission shall appoint an Execu- 

42 u.s.c. 5S49. tive Director for Operations, who shall serve at the 
pleasure of and be removable by the Commission. 

Functions. (b) The Executive Director shall perform such func- 

tions as the Commission may direct, except that the Ex- 
ecutive Director shall not limit the authority of the di- 
rector of any component organization provided in this 
Act to communicate with or report directly to the Com- 
mission when such director of a component organization 
deems it necessary to carry out his responsibilities. 

other officers. (c) There shall be in the Commission not more than 

five additional officers appointed by the Commission. The 
positions of such officers shall be considered career posi- 

42 u.s.c. 2201. tions and be subject to subsection 161 d. of the Atomic 
Energy Act. 



TITLE III— MISCELLANEOUS AND 
TRANSITIONAL PROVISIONS 



Lapses of 
agencies and 
positions. 
42 U.S.C. 5871. 



8S Stat. 1249. 



Savings 
clauses. 



TRANSITIONAL PROVISIONS 

Sec. 301. (a) Except as otherwise provided in this Act, 
whenever all of the functions or programs of an agency, 
or other body, or any component thereof, affected by this 
Act, have been transferred from that agency, or other 
body, or any component thereof by this Act, the agency, 
or other body, or component thereof shall lapse. If an 
agency, or other body, or any component thereof, lapses 
pursuant to the preceding sentence, each position and 
office therein which was expressly authorized by law, oi 
the incumbent of which was authorized to receive com- 
pensation at the rate prescribed for an office or position at 
level II, III, IV, or V of the Executive Schedule (5 
U.S.C. 5313-5316), shall lapse. 

(b) All orders, determinations, rules, regulations, per- 
mits, contracts, certificates, licenses, and privileges — 

(1) which have been issued, made, granted, or 
allowed to become effective by the President, any 



131 

Federal department or agency or official thereof, or 
by a court of competent jurisdiction, in the perform- 
ance of functions which are transferred under this 
Act, and 

(2) which are in effect at the time this Act takes 
effect, 
shall continue in effect according to their terms until 
modified, terminated, superseded, set aside, or revoked 
by the President, the Administrator, the Commission, or 
other authorized officials, a court of competent jurisdic- 
tion, or by operation of law. 

(c) The provisions of this Act shall not affect any 
proceeding pending, at the time this section takes effect, 
before the Atomic Energy Commission or any depart- 
ment or agency (or component thereof) functions of 
which are transferred by this Act ; but such proceedings, 
to the extent that they relate to functions so transferred, 
shall be continued. Orders shall be issued in such pro- 
ceedings, appeals shall be taken therefrom, and payments 
shall be made pursuant to such orders, as if this Act had 
not been enacted ; and orders issued in any such proceed- 
ings shall continue in effect until modified, terminated, 
superseded, or revoked by a duly authorized official, by a 
court of competent jurisdiction, or by operation of law. 
Nothing in this subsection shall be deemed to prohibit the 
discontinuance or modification of any such proceeding 
under the same terms and conditions and to the same 
extent that such proceeding could have been discontinued 
if this Act had not been enacted. 

( d ) Except as provided in subsection ( f ) — 

(1) the provisions of this Act shall not affect suits 
commenced prior to the date this Act takes effect, 
and 

(2) in all such suits proceedings shall be had, 
appeals taken, and judgments rendered, in the same 
manner and effect as if this Act had not been enacted. 

(e) No suit, action, or other proceeding commenced by 
or against any officer in his official capacity as an officer 
of any department or agency, functions of which are 
transferred by this Act, shall abate by reason of the 
enactment of this Act. No cause of action by or against 
any department or agency, functions of which are trans- 
ferred by this Act, or by or against any officer thereof in 
his official capacity shall abate by reason of the enact- 
ment of this Act. Causes of actions, suits, actions, or other 
proceedings may be asserted by or against the United 
States or such official as may be appropriate and, in any 
litigation pending when this section takes effect, the 
court may at any time, on its own motion or that of any 
party, enter any order which will give effect to the pro- 
visions of this section. 

(f) If, before the date on which this Act takes effect, 
any department or agency, or officer thereof in his official 



132 

capacity, is a party to a suit, and under this Act any func- 
tion of such department, agency, or officer is transferred 
to the Administrator or Commission, or any other official, 
then such suit shall be continued as if this Act had not 
been enacted, with the Administrator or Commission, 
or other official, as the case may be, substituted. 

(g) Final orders and actions of any official or com- 
ponent in the performance of functions transferred by 
this Act shall be subject to judicial review to the same 
extent and in the same manner as if such orders or actions 
had been made or taken by the officer, department, 
agency, or instrumentality in the performance of such 
functions immediately preceding the effective date of the 
Act. Any statutory requirements relating to notices, 
hearings, action upon the record, or administrative re- 
view that apply to any function transferred by this Act 
88 stat. 1250. shall apply to the performance of those functions by the 
Administrator or Commission, or any officer or com- 
ponent. 

(h) With respect to any function transferred by this 
Act and performed after the effective date of this Act, 
reference in any other law to any department or agency, 
or any officer or office, the functions of which are so trans- 
ferred, shall be deemed to refer to the Administration, the 
Administrator or Commission, or other office or official in 
which this Act vests such functions. 

(i) Nothing contained in this Act shall be construed to 
limit, curtail, abolish, or terminate any function of the 
President which he had immediately before the effective 
date of this Act ; or to limit, curtail, abolish, or terminate 
his authority to perform such function ; or to limit, cur- 
tail, abolish, or terminate his authority to delegate, re- 
delegate, or terminate any delegation of functions. 

(j) Any reference in this Act to any provision of law 
shall be deemed to include, as appropriate, references 
thereto as now or hereafter amended or supplemented. 

(k) Except as may be otherwise expressly provided in 
this Act. all functions expressly conferred by this Act 
shall be in addition to and not in substitution for func- 
tions existing immediately before the effective date of this 
Act and transferred by this Act. 

TRANSFER OF PERSONNEL AND OTHER MATTERS 

42u.s.c. 5S72. Sec. 302. (a) Except as provided in the next sentence, 
the personnel employed in connection with, and the per- 
sonnel positions, assets, liabilities, contracts, property, 
records, and unexpended balances of appropriations, au- 
thorizations, allocations, and other funds employed, held, 
used, arising from, available to or to be made available 
in connection with the functions and programs trans- 
ferred by this Act, are, subject to section 202 of the 
Budget and Accounting Procedures Act of 1950 (31 



133 

U.S.C. 581c), correspondingly transferred for appro- 
priate allocation. Personnel positions expressly created 
by law, personnel occupying those positions on the effec- 
tive date of this Act, and personnel authorized to receive 
compensation at the rate prescribed for offices and posi- 
tions at levels II, III, IV, or V of the Executive Sched- 
ule (5 U.S.C. 5313-5310) on the effective date of this 
Act shall be subject to the provisions of subsection (c) 
of this section and section 301 of this Act. 

(b) Except as provided in subsection (c), transfer of 
contemporary personnel pursuant to this Act shall not 
cause any such employee to be separated or reduced in 
grade or compensation for one year after such transfer. 

(c) Any person who, on the effective date of this Act, 
held a position compensated in accordance with the Ex- 
ecutive Schedule prescribed in chapter 53 of title 5 of 
the United States Code, and who, without a break in 
service, is appointed in the Administration to a position 
having duties comparable to those performed immedi- 
ately preceding his appointment shall continue to be 
compensated in his new position at not less than the rate 
provided for his previous position. 

INCIDENTAL DISPOSITIONS 

Sec. 303. The Director of the Office of Management 42 u.s.c. 5873. 
and Budget is authorized to make such additional in- 
cidental dispositions of personnel, personnel positions, 
assets, liabilities, contracts, property, records, and un- 
expended balances of appropriations, authorizations, 
allocations, and other funds held, used, arising from, 
available to or to be made available in connection with 88 stat 1251 - 
functions transferred by this Act, as he may deem neces- 
sary or appropriate to accomplish the intent and purpose 
of this Act. 

DEFINITIONS 

Sec. 304. As used in this Act^- ( 42 u.s.c. 5874. 

(1) any reference to "function" or "functions" 
shall be deemed to include references to duty, obliga- 
tion, power, authority, responsibility, right, privi- 
lege, and activity, or the plural thereof, as the case 
may be ; and 

(2) any reference to "perform" or "performance", 
when used in relation to functions, shall be deemed 
to include the exercise of power, authorit}^, rights, 
and privileges. 



AUTHORIZATION OF APPROPRIATIONS 

Sec. 305. (a) Except as otherwise provided by law, 
appropriations made under this Act shall be subject to 
annual authorization. 



42 U.S.C. 5S75 



134 



(b) Authorization of appropriations to the Commis- 
sion shall reflect the need for effective licensing and other 
regulation of the nuclear power industry in relation to 
the growth of such industry. 



42 U.S.C. 5876. 
42 U.S.C. 2206. 



Ante, pp. 1234. 
1242. 



Report to 
Congress. 



COMPTROLLER GENERAL AUDIT 

Sec. 306. (a) Section 166. "Comptroller General Audit" 
of the Atomic Energy Act of 1954, as amended, shall be 
deemed to be applicable, respectively, to the nuclear and 
nonnuclear activities under title I and to the activites 
under title II. 

(b) The Comptroller General of the United States 
shall audit, review, and evaluate the implementation of 
the provisions of title II of this Act by the Nuclear Safety 
and Licensing Commission not later than sixty months 
after the effective date of this Act, the Comptroller Gen- 
eral shall prepare and submit to the Congress a report on 
his audit, which shall contain, but not be limited to — 

( 1) an evaluation of the effectiveness of the licens- 
ing and related regulatory activities of the Commis- 
sion and the operations of the Office of Nuclear 
Safety Research and the Bureau of Nuclear Mate- 
rials Security ; 

(2) an evaluation of the effect of such Commission 
activities on the efficiency, effectiveness, and safety 
with which the activities licensed under the Atomic 
Energy Act of 1954, as amended, are carried out ; 

(3) recommendations concerning any legislation 
he deems necessary, and the reasons therefor, for im- 
proving the implementation of title II. 



RErORTS 



Reports to the 

President and 

Congress. 

42 U.S.C. 5S77. 

Administration 

activities and 

progress. 



Feasibility of 

transferring 

military 

application 

functions. 

88 Stat. 1252. 



Sec. 307. (a) The Administrator shall, as soon as prac- 
ticable after the end of each fiscal year, make a report to 
the President for submission to the Congress on the ac- 
tivities of the Administration during the preceding fiscal 
year. Such report shall include a statement of the short- 
range and long-range goals, priorities, and plans of the 
Administration together with an assessment of the prog- 
ress made toward the attainment of those objectives and 
toward the more effective and efficient management of the 
Administration and the coordination of its functions. 

(b) During the first year of operation of the Admin- 
istration, the Administrator, in collaboration with the 
Secretary of Defense, shall conduct a thorough review of 
the desirability and feasibility of transferring to the 
Department of Defense or other Federal agencies the 
functions of the Administrator respecting military 
application and restricted data, and within one year 
after the Administrator first takes office the Adminis- 



135 

trator shall make a report to the President, for submis- 
sion to the Congress, setting forth his comprehensive 
analysis, the principal alternatives, and the specific rec- 
ommendations of the Administrator and the Secretary of 
Defense. 

(c) The Commission shall, as soon as practicable after actf™tie 8 s l0 and 
the end of each fiscal year, make a report to the President findings, 
for submission to the Congress on the activities of the 
Commission during the preceding fiscal year. Such report 
shall include a clear statement of the short-range and 
long-range goals, priorities, and plans of the Commission 
as they relate to the benefits, costs, and risks of commer- 
cial nuclear power. Such report shall also include a clear 
description of the Commission's activities and findings in 
the following areas — ■ 

(1) insuring the safe design of nuclear power- 
plants and other licensed facilities ; 

(2) investigating abnormal occurrences and 
defects in nuclear powerplants and other licensed 
facilities ; 

(3) safeguarding special nuclear materials at all 
stages of the nuclear fuel cycle ; 

(4) investigating suspected, attempted, or actual 
thefts of special nuclear materials in the licensed sec- 
tor and developing contingency plans for dealing 
with such incidents ; 

(5) insuring the safe, permanent disposal of 
high-level radioactive wastes through the licensing 
of nuclear activities and facilities ; 

(6) protecting the public against the hazards of 
low-level radioactive emissions from licensed nuclear 
activities and facilities. 

INFORMATION TO COMMITTEES 

Sec. 308. The Administrator shall keep the appropriate 42 u.s.c. 5878. 
congressional committees fully and currently informed 
with respect to all of the Administration's activities. 

TRANSFER OF FUNDS 

Sec. 309. The Administrator, when authorized in an 42 U -S.c. 5879. 
appropriation Act. may, in any fiscal year, transfer funds 
from one appropriation to another within the Adminis- 
tration ; except, that no appropriation shall be either in- 
creased or decreased pursuant to this section by more than 
5 per centum of the appropriation for such fiscal year. 

CONFORMING AMENDMENTS TO CERTAIN OTHER LAWS 

Sec. 310. Subchapter II (relating to Executive Sched- 
ule pay rates) of chapter 53 of title 5, United States Code, 
is amended as follows: 



136 

(1) Section 5313 is amended by striking out "(8) 
Chairman, Atomic Energy Commission." and insert- 
ing in lieu thereof "(8) Chairman, Nuclear Regula- 
tory Commission.", and by adding at the end thereof 
the following: 

"(22) Administrator of Energy Research and De- 
velopment Administration.". 

(2) Section 5314 is amended by striking out "(42) 
Members, Atomic Energy Commission." and insert- 
ing in lieu thereof "(42) Members, Nuclear Regula- 
tory Commission.", and by adding at the end thereof 
the following: 

"(60) Deputy Administrator, Energy Research 
and Development Administration.". 
8S stat. 1253. (3) Section 5315 is amended by striking out para- 

graph (50), and by adding at the end thereof the 
following : 

" (100) Assistant Administrators, Energy Research 
and Development Administration (G). 

"(101) Director of Nuclear Reactor Regulation, 
Nuclear Regulatory Commission. 

"(102) Director of Nuclear Material Safety and 
Safeguards, Nuclear Regulatory Commission. 

"(103) Director of Nuclear Regulatory Research, 
Nuclear Regulatory Commission. 

"(104) Executive Director for Operations, Nu- 
clear Regulatory Commission." 

(4) Section 5316 is amended by striking out para- 
graphs (29), (62), (69), and (102), by striking out 
"(81) General Counsel of the xVtomic Energy 
Commission," and inserting in lieu thereof "(81) 
General Counsel of the Nuclear Regulatory Com- 
mission.", and by adding at the end thereof the 
following : 

" (134) General Counsel. Energy Research and De- 
velopment Administration. 

"(135) Additional officers, Energy Research and 
Development Administration (8). 

"(136) Additional officers, Nuclear Regulatory 
Commission (5).". 

SEPARABILITY 

42 u.s.c. 5801 g EC . 3ii. if an y provision of this Act, or the applica- 
tion thereof to any person or circumstance, is held in- 
valid, the remainder of this Act, and the application of 
such provision to other persons or circumstances, shall 
not be affected thereby. 



137 



EFFECTIVE DATE AND INTERIM APPOINTMENTS 



Sec. 312. (a) This xYct shall take effect one hundred 
and twenty days after the date of its enactment, or on 
such earlier date the the President may prescribe and 
publish in the Federal Register ; except that any of the 
officers provided for in title I of this Act may be nomi- 
nated and appointed, as provided by this Act, at any time 
after the date of enactment of this Act. Funds available 
to any department or agency (or any official or com- 
ponent thereof), any functions of which are transferred 
to the Administrator and the Commission by this Act, 
may, with the approval of the President, be used to pay 
the compensation and expenses of any officer appointed 
pursuant to this subsection until such time as funds for 
that purpose are otherwise available. 

(b) In the event that any officer required by this Act to 
be appointed by and with the advice and consent of the 
Senate shall not have entered upon office on the effective 
date of this Act, the President may designate any officer, 
whose appointment was required to be made by and with 
the advice and consent of the Senate and who was such 
an officer immediately prior to the effective date of this 
Act, to act in such office until the office is filled as pro- 
vided in this Act. While so acting, such persons shall 
receive compensation at the rates provided by this Act 
for the respective offices in which they act. 

TITLE IV— SEX DISCRIMINATION 



42U.S.C. 5801 
noto. 

Publication 
In Federal 
Register. 



88 Stat. 1254. 



SEX DISCRIMINATION PROHIBITED 

Sec. 401. No person shall on the ground of sex be ex- 
cluded from participation in, be denied a license under, 
be denied the benefits of, or be subjected to discrimina- 
tion under any program or activity carried on or receiv- 
ing Federal assistance under any title of this Act. This 
provision will be enforced through agency provisions 
and rules similar to those already established, with re- 
spect to racial and other discrimination, under title VI 
of the Civil Rights Act of 1964. However, this remedy is 
not exclusive and will not prejudice or cut off any other 
legal remedies available to a discriminatee. 



42 U.S.C. 5801. 



42 U.S. C. 
2000d. 



Index to the Legislative History of the Energy Reorganization 
Act of 1974 and Amendment 

PUBLIC LAW 93-438— H.R. 11510 

To reorganize and consolidate certain functions of the Federal Government in 
a new Energy Research and Development Administration and in a new Nuclear 
Regulatory Commission in order to promote more efficient management of such 
functions 

(Page references are to daily editions of the Congressional Record, 93d Cong., 

1st and 2d Sess.) 

H.R. 11510 introduced on November 15, 1973, by Mr. Holiiield. for 
himself and Mr. Horton, Mr. Price of Illinois, and Mr. Hosmer, 
H10107. 



65-234- 



K) 



138 

Hearings: Legislation and Military Operations Subcommittee, Gov- 
ernment Operations Committee, November 27, 28, and 29, 1973. 

House report filed (H. Rept. No. 93-707) December 7, 1973, H10910. 

H.R. 11510 considered and passed in House, December 19, 1973, 
H11705-11755. 

Committee discharged, H.R. 11510 considered and passed in Senate in 
lieu of S. 2744, title amended, August 15, 1974, S15108. 

Senate insists on its amendments and asks for conference, conferees 
deferred, August 15, 1974, S15114. 

Senate conferees appointed, August 20, 1974, S15360. 

House conferees appointed, September 23, 1974, H9444. 

Conference report (H. Rept. 93-1445) submitted in House and agreed 
to October 8, 1974 (H10128, and October 9, 1974 (H10266). 

Conference report submitted in Senate and agreed to, October 9, 1974 
(S18561), and October 10, 1974 (S 1872 1-18752). 

Examined and signed by the Speaker of the House, October 11, 1974, 
H10422. 

Examined and signed by the President pro tempore of the Senate, 
October 11, 1974. 

Presented to the President, October 11, 1974, H10422. 

Approved as Public Law 93-438, October 11, 1974, H10671. 

Companion Bill — S. 2744 

S. 2744 introduced by Senator Ribicoff, for himself and Senator Aiken, 
Senator Brock, Senator Ervin, Senator Gurney, Senator Jackson, 
Senator Javits, Senator Pastore, Senator Percy, Senator Roth, Sen- 
ator Montoya and Senator Moss, November 27, 1973, S21060. 

Hearings: Subcommittee on Reorganization, Research and Interna- 
tional Organizations, Government Operations Committee, Decem- 
ber 4, 5, and 10, 1973, February 26 and 27, 1974, March 12 and 13, 
1974. Markup— April 9, 1974. Full Committee markup, May 29, 1974. 

Senate report filed (S. Rept. 93-980) June 27, 1974, S11632. 

Considered in Senate, August 13-15, 1974, S14860, S14900, S15014, 
S15031, S15033, S15049, S15057, S15068, S15073, S15088, S15096, 
S15098. 

H.R. 11510 considered. and passed in lieu of S. 2744, August 15, 1974, 
S15108. 



PUBLIC LAW 94^79— S. 1716 

To authorize appropriations to the Nuclear Regulatory Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and section 305 
of the Energy Reorganization Act of 1974, and for other purposes. 

(Page references are to the daily editions of the Congressional Record, 94th Cong., 

1st session) 

S. 675 introduced by Mr. Pastore (bv request) February 12, 1975, 

S1827. 
S. 1716 introduced as a clean bill by Mr. Pastore (for himself and Mr. 

Baker) on May 12, 1975, S7779. 



139 

Hearings: Subcommittee on Legislation of the Joint Committee on 
Atomic Energy, March 19, 1975. Published under the title of "Nu- 
clear Regulatory Commission Authorizing Legislation, Fiscal Year 
1976". 

Reported (S. Rept. No. 94-174) June 4, 1975, S9509. 

Considered and passed by the Senate with two amendments June 17, 
1975, S10828-31. 

Considered and passed by the House after striking all after the enact- 
ing clause and inserting in lieu thereof the language of House com- 
panion measure H.R. 7001, as amended, June 20, 1975, H5889-99. 

Senate concurs in the House amendment July 31, 1975, S14782. 

Examined and signed by the Speaker of the House August 1, 1975, 
H8184. 

Examined and signed by the President pro tempore of the Senate 
August 1, 1975, S14944. 

Presented to the President August 2, 1975, S15098. 

Approved as Public Law 94-79 August 9, 1975, S15098. 

Companion Bill — H.R. 7001 

H.R. 3274 introduced by Mr. Price (by request) February 19, 1975, 
H929. 

H.R. 7001 introduced as a clean bill by Mr. Price May 14, 1975, H4076. 

Hearings : As listed above. 

Reported (H.Rept. No. 94-260) June 4, 1975, H4921. 

Considered and passed by the House with four amendments; passage 
of H.R. 7001 vacated and S. 1716 with the House amendments passed 
in lieu thereof; H.R. 7001 laid on the table, June 20, 1975, H5889-99. 



PUBLIC LAW 94-187— H.R. 3474 

To authorize appropriations to the Energy Research and Development Admin- 
istration in accordance with section 261 of the Atomic Energy Act of 1954, 
as amended, section 305 of the Energy Reorganization Act of 1974, and section 
16 of the Federal Nonnuclear Energy Research and Development Act of 1974, 
and for other purposes. 

(Page references are to the daily editions of the Congressional Record, 94th 

Congress, 1st Session) 

H.R. 3474 introduced by Mr. Price (for himself and Mr. Teague) 
(by request) on February 20, 1975, and referred jointly to the 
Joint Committee on Atomic Energy and the House Committee on 
Science and Technology, H993. 

Hearings : Full Joint Committee on Atomic Energy, February 4, 1975. 
Subcommittee on Legislation of the Joint Committee on Atomic 
Energy, February 18 and 27, 1975, and March 4, 5, 6, 11, 12, and 13, 
1975. Open hearings published in three volumes under the title of 
"ERDA Authorizing Legislation Fiscal Year 1976''. 

Reported (PI. Rept. No. 94-294) June 13, 1975, with amendments 
(Joint Report of the Joint Committee on Atomic Energy and the 
House Committee on Science and Technology) , H5467. 

Considered by the House June 19, 1975, H5752-88. 



140 

Further considered and passed by the House with amendments June 
20, 1975, H5833-87. 

Considered and passed by the Senate after striking all after the enact- 
ing clause and inserting in lieu thereof the language of Senate 
companion measure S. 598, as amended, July 31, 1975, S14587-90, 
S14592-637, S14643-61, S14666-73, S14753-80. 

House requests a conference September 5, 1975, II8354. 

Senate agrees to the House request for a conference September 9, 1975, 
S15572-73. 

Conference Report filed December 8, 1975 (H. Rept. No. 94-696, 
H12020, and S. Rept. No. 94-514, S21326). 

House agrees to the Senate amendment to H.R. 3474 with two amend- 
ments; measure referred back to the Senate December 11, 1975, 

^ H12336-428. 

Senate concurs in the House amendments to the Senate amendment to 
H.R. 3474 December 18, 1975, S22778-79. 

Examined and signed by the Speaker of the House December 18, 1975, 
H13/49. 

Examined and signed bv the President pro tempore of the Senate 
December 18, 1975. $22680. 

Presented to the President December 19, 1975, H13203. 

Approved as Public Law 94-187 December 31, 1975. 

Companion Bill — S. 598 

S. 598 introduced by Mr. Pastore (for himself and Mr. Jackson) (by 

request) on February 7, 1975, S1606. 
Hearings : As listed above. 
Reported (S. Rept. No. 94-104) May 6, 1975, with amendments, 

S7475. 
Considered and amended by the Senate; H.R. 3474 passed in lieu 

thereof with the Senate amendments; further consideration of S. 

598 postponed indefinitely, July 31, 1975, S14587-90, S14592-637, 

S14643-61, S14666-73, S14753-80. 



PART III. AEC AUTHORIZATION ACTS 

PUBLIC LAW 84-141 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1956) 

[H.R. 6795] 

AN ACT 

To authorize appropriations for the Atomic Energy Commission for acquisition 
or condemnation of real property or any facilities, or for plant or facility 
acquisition, construction, or expansion, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

Sec. 101. There is hereby authorized to be appropriated to the 
Atomic Energy Commission the sum of $269,159,000 for acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, as follows : 

(a) Atomic Weapons. — Project 56-a-l, production or development 
plants or facilities, $20,000,000. 

(b) Reactor Development. — ■ 

1. [Project 56-b-l, power reactor development acceleration project, 
$25,000,000.] 1 

2. Project 56-b-2, fast power breeder pilot facility (EBR-II), 
$29,100,000. 2 

3. Project 56-b-3, surface ship reactor facility, $25,000,000. 

4. Project 56-0-4, submarine advanced reactor facility, $23,140,000. 

5. Project 56-b-5, submarine advanced reactor development facili- 
ties, Schenectady. New York, $3,100,000. 

6. Project 56-b-6, aircraft nuclear propulsion program, plant and 
test area, Areo, Idaho, $13,000,000. 

7. Project 56-b-7, aircraft reactor test plant. $1,437,000. 

8. Project 56-b-8, modifications and expansions to AXP ground 
test plant, Idaho, $1,000,000. 

9. Project 56-b-9, special reactor facilities construction program, 
$2,000,000. 

10. Project 56-b-10, reactor core test facility. Arco, Idaho. $600,000. 

(c) Physical Research. — Project 56-c-l. particle accelerator pro- 
gram, S19,406,000. 3 

( d ) Special Xuclear Material. — 

1. [Project 56-d-l. metallex pilot facility, Oak Ridge National 
Laboratory $1,000,000.] 1 



1 Public Law 85-162 (1957), sec. 108, rescinded authorization for this project except for 
funds theretofore obligated. 

- Public Law 85-1G2 (1957), sec. 107, amended this figure. Before amendment it was 
$14,850,000. 

3 Public Law S5-519 (1958), sec. 3, amended this figure. Before amendment it was 
$10,000.00. 

(141) 



142 

2. Project 56-d-2, reactor facilities modifications, Hanford, Wash- 
ington, $11,900,000. 

3. [Project 56-d-3, special reactor facilities equipment, Hanford, 
Washington, $5,600,000.] 4 

4. Project 56-d-4, modifications to separations and processing facili- 
ties, Hanford, Washington, $2,560,000. 

5. [Project 56-d-5, conversion of pilot plant and facility to produc- 
tion plant and facility, Fernald, Ohio, $600,000.] 4 

6. Project 56-d-6, barrier plant addition, Oak Ridge, Tennessee, 
$2,200,000. 

7. Project 56-d-7, new barrier development plant, Oak Ridge, 
Tennessee, $404,000. 

8. [Project 56-d-8, expansion of metal recovery facility, Oak Ridge 
National Laboratory, $370,000.] 4 

(e) Source and Other Raw Materials. — 

1. Project 56-e-l, expansion and modification of ore processing 
plant, Monticello, Utah, $1,550,000. 

2. Project 56-e-2, storage sites for vanadium bearing tailings, 
$500,000. 

(f) Atomic Weapons. — 

1. [Project 56-f-l, art construction project, fiscal year 1956 incre- 
ment, $17,873,000.] 4 

2. [Project 56-f-2, expansion of weapons material fabrication plant 
and facility, $15,000,000.] 4 

3. Project 56-f-3, new Sigma Laboratory, Los Alamos, New Mexico, 
$5,100,000. 5 

4. Project 56-f-4, detonator production plant, $3,750,000. 

5. Project 56-f-5, base construction, Pacific proving ground, 
$1,568,000. 

6. Project 56-f-6, Rocky Flats, Colorado, plant and facilities, 
$1,330,000. 

7. Project 56-f-7, base construction, Nevada test site, $927,000. 

8. Project 56-f-8, addition to technical laboratory shop building, 
Los Alamos, New Mexico, $735,000. 

(g) Reactor Development. — 

1. Project 56-g-l, engineering test reactor facility, $14,350,000. 

2. [Project 56-g-2, reactor training school, Argonne National Lab- 
oratory, $712,000.] 4 

3. [Project 56-g-3, chemistry cave for radioactive materials, Ar- 
gonne National Laboratory, $448,000.] 4 

4. Project 56-g-4, reactor engineering building, addition, Argonne 
National Laboratory, $295,000. 

5. Project 56-g-5, high level chemical development facility, Oak 
Ridge National Laboratory, $280,000. 

6. Project 56-g-6, research reactor, Philippine Government, 
$500,000. 

7. [Project 56-g-7, research reactors for the development of peace- 
time uses of atomic energy under Agreements for Cooperation, 
$5,000,000.] 4 

(h) Physical Research. — 

* See footnote 1, supra. 

"Public Law 85-162 (1957), sec. 107, amended this figure. Before amendment it was 
$4,015,000. 



143 

1. Project 56-h-l, conversion of existing building to development 
plant, Oak Ridge National Laboratory, $1,150,000. 

2. Project 56-h-2, fabrication plant for development equipment, 
Oak Ridge National Laboratory, $440,000. 

(i) Biology and Medicine. — Project 56-i-l, medical research plant 
and facility, Brookhaven National Laboratory, $6,040,000. 
(j) Community. — 

1. Project 56-j-l, additional housing units, Monticello, Utah, 
$250,000. 

2. Project 56-J-2, new community hospital, Oak Ridge, Tennessee, 
$2,900,000. 

3. Project 56-J-3, water and sewer replacements and improvements, 
Richland, Washington, $160,000. 

4. Project 56-J-4, housing program (group 18), Los Alamos, New 
Mexico, $3,500,000. 

(k) Source and Other Raw Materials. — Project 56-k-l, offsite 
access roads, $1,165,000. 

(1) General Plant Projects.— $17,960,000. 
Sec. 102. Limitations. — 

(a) The Commission is authorized to start any project set forth in 
subsections 101(a) through 101(d) only if the currently estimated 
cost of that project does not exceed by more than 25 per centum the 
estimated cost set forth for that project. 

(b) The Commission is authorized to start any project set forth in 
subsections 101(e) through 101 (j) only if the currently estimated cost 
of that project does not exceed by more than 10 per centum the esti- 
mated cost set forth for that project. 

(c) The Commission is authorized to start the project set forth in 
subsection 101 (k) only if the currently estimated cost of the project 
does not exceed the estimated cost set forth for that project. 

(d) The Commission is authorized to start a project under subsec- 
tion 101 (1) only if it is in accordance with the following : 

1. For community operations, the maximum currently estimated 
cost of any project shall be $100,000 and the maximum currently esti- 
mated cost of any building included in such project shall be $10,000. 

2. For all other programs, the maximum currently estimated cost 
of any project shall be $500,000 and the maximum currently estimated 
cost of any building included in such a project shall be $100,000. 

3. The total cost of all projects undertaken under subsection 101 
(1) shall not exceed the estimated cost set forth in that subsection by 
more than 10 per centum. 

Sec. 103. There are hereby authorized to be appropriated funds for 
advance planning, construction design, and architectural services, in 
connection with projects which are not otherwise authorized by law, 
and the Atomic Energy Commission is authorized to use funds cur- 
rently or otherwise available to it for such purposes. 

Sec. 104. There are hereby authorized to be appropriated funds 
necessary to restore or to replace plants or facilities destroyed or 
otherwise seriously damaged, and the Atomic Energy Commission is 
authorized to use funds currently or otherwise available to it for such 
purposes. 

Sec. 105. In addition to the sums authorized to be appropriated to 
the Atomic Energy Commission by section 101 of this Act, there are 



144 

hereby authorized to be appropriated to the Atomic Energy Commis- 
sion to accomplish the purposes of this Act such sums of money as 
may be currently available to the Atomic Energy Commission. 

Sec. 106. Funds authorized to be appropriated or otherwise made 
available by this Act may be used to start any other new project for 
which an estimate was not included in this Act if it be a substitute 
for a project authorized in subsection 101(a), 101(d), or 101(f), and 
the estimated cost thereof is within the limit of cost of the project 
for which substitution is to be made, and the Commission certifies 
that— 

(a) the new project is essential to the common defense and 
security; and 

(b) the new project is required by changes in weapon char- 
acteristics or weapon logistic operations; 

(c) it is unable to enter into a contract with any person, includ- 
ing a license, on terms satisfactory to the Commission to furnish 
from a privately owned plant or facility the product or services 
to be provided in the new project. 

Approved July 11, 1955. 

Legislative History Index to Public Law 84-141 (H.R. 6795) 

(Page references are to Congressional Record, 84th Cong., 1st sess.) 

Introduced bv Mr. Durham ; referred to Joint Committee on Atomic 

Energy, 8207. 
Reported (H. Kept. 737), 8207. 
Made special order (H. Res. 283), 9281. 
Passed House, 9281. 

Amended and passed Senate (in lieu of S. 2220), 9339, 9350, 9354. 
House concurred in Senate amendments, 9471. 
Examined and signed, 9590, 9676. 
Presented to the President 9823. 
Approved (Public Law 84-141), 10299. 

Companion Bill— S. 2220 

Introduced by Mr. Anderson; reported from Joint Committee on 

Atomic Energy (S. Kept. 538), 8081. 
Ordered placed on the calendar, 8082. 
Objected to, 8676. 
Indefinitely postponed (H.R. 6795 passed in lieu), 9339. 

Amendment to Public Law 84r-141 

Public Law 85-519 

[85th Congress, H.R. 12457] 

[July 15, 1958] 

(To Amend AEC Authorization Acts for Fiscal Years 1956 and 1958) 



145 

AX ACT 

To further amend Public Law S5-162 and Public Law 84-1-11, to increase the 
authorization for appropriations to the Atomic Energy Commission in accord- 
ance with section 201 of the Atomic Energy Act of 105 i, as amended, and for 
other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That section 101 of 
Public Law 85-162, as amended, is further amended by striking there- 
from the figure "$257,230,000" and inserting in lieu thereof the figure 
U $259,4S0,000'\ 

Sec. 2. Section 101(e) of Public Law 85-162 is amended by strik- 
ing therefrom the figure "$7,750,000" for project 58-e-6, project 
Sherwood plant, and substituting therefor the figure "810,000,000". 

Sec. 3. Section 101(c) of Public Law 84-141, as amended, is fur- 
ther amended by striking therefrom the figure "$10,000,000" for 
project 56-c-l, particle accelerator program, and substituting therefor 
the figure "$19,406,000". 

Approved July 15, 1958. 

Legislative History Index to Pttrtjc Law 85-519 (H.R. 12457) 

(Amended AEC Authorization Acts for Fiscal Years 1956 and 1958) 

(Page references are to Congressional Record, 85th Cong., 2d sess.) 

Introduced by Mr. Durham (by request). May 12, 1958. Referred 

to Joint Committee on Atomic Energy, 8484. 
Reported (H. Kept. 1949) . June 24, 1958, 12129. 
Passed House. June 26, 1958. 12379. 

Ordered placed on Senate Calendar. June 27, 1958. 12460. 
Passed Senate. July 2, 1958. 12884. 
Examined and signed. 13033, 13061. 
Presented to the President, 13104. 
Approved (Public Law 85-519). July 15, 1958, 13977. 



Introduced by Senator Anderson (by request). May 12, 1958. Referred 

to Joint Committee on Atomic Energy, 8370. 
Reported (S. Rept. 1747). June 24. 1958*". 11993. 
Indefinitely postponed (ILR. 12457 passed in lieu) . July 2, 1958, 12884. 



PUBLIC LAW 84-506 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1957) 

[H.R. 10387] 

AN ACT 

To authorize appropriations for the Atomic Energy Commission for acquisition or 
condemnation of real property or any facilities, or for plant or facility acquisi- 
tion, construction, or expansion, and for other purposes. 



146 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

Sec. 101. There is hereby authorized to be appropriated to the 
Atomic Energy Commission the sum of $319,595,000 6 for acquisition 
or condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion, as follows : 

(a) Special Nuclear Materials. — 

1. [Project 57-a-l, additional feed-materials plant, $22,200,000.] 7 

2. Project 57-a-2, improvements to reactor instrumentation, Han- 
ford. Washington, $8,000,000. 

3. Project 57-a-3, improved high level waste handling system. 
Savannah River, $5,000,000. 

4. Project 57-a-4, reactor facility safety improvements, Hanford, 
Washington, $5,000,000. 

5. Project 57-a-5, additional waste disposal svstem, Hanford, Wash- 
ington. $5,000,000. 

6. [Project 57-a-6, charging and discharging systems, Hanford, 
Washington, $3,450,000.] 8 

7. [Project 57-a-T, modifications to existing production facili- 
ties for increased efficiency and safety, Hanford, Washington, 
$3,000,000.] 8a 

8. [Project 57— a-8, chemical processing facility, St. Louis, Missouri, 
$1,600,000".] 7 

9. [Project 57-a-9, barrier plant automation, Oak Ridge, Ten- 
nessee, $1,400,000.] 7 

10. [Project 57-a-10, reactor temperature test installation, Plan- 
ford, Washington, $900,000.] 7 

11. [Project 57-a-ll, improvements to reactor cooling water effluent 
system, Hanford, Washington, $550,000.] 7 

12. [Project 57-a-12, fuel element heat-treating plant, Fernald, 
Ohio, $500,000.] 9 

13. Project 57-a-13, renovation of service plant, Oak Ridge, Ten- 
nessee, $450,000. 

(b) Atomic Weapons. — 

1. Project 57-b-l, area 5 expansion, $20,900,000. 

2. Project 57-b-2, weapons assembly plants, $15,000,000. 

3. Project 57-b-3, weapons production and development plant, 
$15,000,000. 

4. Project 57-b-4, weapons development and engineering facilities, 
Livermore, California, $10,000,000. 

5. Project 57-b-5, storage site modifications, $2,000,000. 

(c) Reactor Development. — 

1. Project 57-c-l, aircraft nuclear propulsion ground test plant 
area numbered 2, Idaho, $55,000,000. 

2. Project 57-C-2, research and developmental test plant, 
$25,000,000. 10 

e Public Law 84-9S1 (1956), Bee. 1, amended this figure. Before amendment it was 
$295,495,000. 

7 Public Law 85-162 (1957), sec. 108(b) rescinded authorization for this project except 
for funds theretofore obligated. 

8 Public Law S7-315 (1961), sec. 108(e) rescinded authorization for this project except 
for funrls theretofore obligated. 

8 » Public Law 86-457 (1960), sec. 108(d), rescinded authorization for this project except 
for funds theretofore obligated. 

9 See footnote 7. supra. 

10 Public Law S4-981 (1956), sec. 2, amended this figure. Before amendment it was 
$15,900,000. 



147 

3. Project 57-C-3, modifications and expansion of aircraft nuclear 
propulsion ground test facilities, area numbered 1, Idaho, $15,000,000. 

4. Project 57-C-4, small submarine reactor test facility, $10,000,000. 

5. Project 57-0-5, expended core handling and service plant, Na- 
tional Reactor Testing Station, $4,750,000. 

G. [Project 57-C-6, food irradiation facility, $3,000,000.] 1X 

7. Project 57-C-7, project Sherwood plant, $2,000,000. 

8. Project 57-C-8, Argonne low power reactor facility, $1,225,000. 

9. Project 57-C-9, materials testing reactor hot cell extension, Na- 
tional Reactor Testing Station, $310,000. 

10. [Project 57-c-lO, amended reactor development project, 
$15,000,000'.] 12 

(d) Physical Research. — 

1. Project 57-d-l, zero gradient synchrotron, Argonne National 
Laboratory, Illinois, $12,000,000. 13 

2. Project 57-d-2, bevatron research plant, University of California 
Radiation Laboratory, $1,084,000. 

3. [Project 57-d-3, forty-eight-inch heavy particle cyclotron, Oak 
Ridge National Laboratory, $459,000.] 14 

4. Project 57-d-4, conversion of accelerator design building, Uni- 
versity of California Radiation Laboratory, $300,000. 

(e) Raw Materials. 

(1) Project 57-e-l, analytical laboratory addition, Grand Junction, 
Colorado, $362,000. 

(f ) Atomic Weapons. — 

1. Project 57-f-l, metallurgv laboratory, Livermore, California, 
$2,270,000. 

2. Project 57-f-2, base construction, Pacific proving ground, 
$1,569,000. 

3. Project 57-f-3, high explosive and weaponizing plant, Liver- 
more, California, $1,100,000. 

4. Project 57-f— 4, installation of one hundred and fifteen kilovolt 
tie line, Los Alamos, New Mexico, $1,000,000. 

5. Project 57-f-5, base construction, Nevada test site, $543,000. 

6. [Project 57-f-6, manufacturing support plant, Kansas City, Mis- 
souri, $444,000.] 15 

7. Project 57-f-7, warehouse, Sandia, $308,000. 

8. [Project 57-f-8, mechanical shop additions, Livermore, Cali- 
fornia, $300,000.] 15 

9. Project 57-f-9, programing building, Livermore, California, 
$180,000. 

(g) Reactor Development. — 

1. Project 57-g-l, addition to electrical power system, National 
Reactor Testing Station, $3,800,000. 

11 Public Law 85-590 (1058), sec. 107(b), rescinded authorization for this project except 
for funds theretofore obligated. 

13 Public Law 84-981 (1956), sec. 3, added project 57-c-lO. Public Law 85-162 (1957), 
sec. 108(b), subsequently rescinded authorization for this project except for funds thereto- 
fore obligated. 

15 As set forth in Public Law 84-506 (1956), project 57-d-l was designated as follows : 
"Project 57-d-l, high energy accelerator, $15,000,000." Public Law 85-162 (1957), sec. 
107(b) amended this figure to read "$27,000,000." Public Law 86-457 (1960), sec. 107(a) 
amended the project designation to read as shown above. 

"Public Law 86-50 (1959), sec. 108(b), rescinded authorization for this project except 
for funds theretofore obligated. 

16 See footnote 7, supra. 



148 

2. Project 57-g-2, chemistry cave for radioactive materials, Ar- 
gonne National Laboratory, $800,000. 

3. Project 57-g-3, transient housing, Argonne National Laboratory, 
$533,000. ^ 

4. Project 57-g— 1, materials testing reactor maintenance shops, Na- 
tional Reactor Testing Station, $235,000. 

(h) Physical Research. — 

1. Project 57-h-l, permanent research buildings, Oak Ridge Na- 
tional Laboratory, $5,780,000. 

2. Project 57-h-2, physics building, Brookhaven National Labora- 
tory, $3,640,00(X 16 

3. Project 57-h-3, engineering building, Brookhaven National 
Laboratory, $1,879,000. 

4. Project 57-h-4, engineering service building, University of Cali- 
fornia Radiation Laboratory, $1,080,000. 

5. Project 57-h-5, cosmotron target area, Brookhaven National 
Laboratory, $3,550,000. 17 

6. Project 57-h-6, eighteen-inch cyclotron building, Brookhaven 
National Laboratory, $300,000. 

7. Project 57-h-7, addition to heavy ion accelerator building, Uni- 
versity of California Radiation Laboratory, $200,000. 

(i) Biology and Medicixe. — ■ 

1. Project 57-i-l, reclamation plant and hot laundry, Brookhaven 
National Laboratory, $400,000. 
(j) Community. — 

1. Project 57-j-l, real estate development program, Los Alamos, 
New Mexico, $359,000. 

2. Project 57-J-2, elementary school classrooms, Los Alamos, New 
Mexico, $195,000. 

( k ) Administrative. — 

1. Project 57-k-l. conversion of barracks for Albuquerque Opera- 
tions Office headquarters, Sandia Base, Albuquerque, New Mexico, 
$600,000. 

2. Project 57-k-2, renovation of building for technical information 
services. Oak Ridge, Tennessee, $517,000. 

(1) Raw Materials. — 

1. Project 57-1-1, off-site access roads, $2,873,000. 

(m) Reactor Development. — 

1. Project 57-m-l, purchase of Bettis Field property, $400,000. 

(n) General Plant Projects.— $21,000,000. 

LIMITATIONS 

Sec. 102. (a) The Commission is authorized to start any project set 
forth in subsections 101(a) through 101(d) only if the currently esti- 
mated cost of that project does not exceed by more than 25 per centum 
the estimated cost set forth for that project. 

16 Public Law S5-590 (1958), sec. 112(a), amended this figure. Before amendment it was 
$2,140,000. 

17 Public Law So-162 (1957), sec. 107(b), amended this figure. Before amendment it was 
$350,000. 



149 

(b) The Commission is authorized to start any project set forth 
in subsections 101(e) through 101(k) only if the currently estimated 
cost of that project does not exceed by more than 10 per centum the 
estimated cost set forth for that project. 

(c) The Commision is authorized to start the project set forth in 
subsection 101 (1) and (m) only if the currently estimated cost of 
the project does not exceed the estimated cost set forth for the project. 

(d) The Commission is authorized to start a project under subsec- 
tion 101 (n) only if it is in accordance with the following: 

1. For community operations, the maximum currently estimated 
cost of any project shall be $100,000 and the maximum currently esti- 
mated cost of any building included in such project shall be $10,000. 

2. For all other programs, the maximum currently estimated cost 
of any project shall be $500,000 and the maximum currently estimated 
cost of any building included in such a project shall be $100,000. 

3. The total cost of all projects undertaken under subsection 101 (n) 
shall not exceed the estimated cost set forth in that subsection by more 
than 10 per centum. 

Sec. 103. There are hereby authorized to be appropriated funds for 
advance planning, construction design, and architectural services, in 
connection with projects which are not otherwise authorized by law, 
and the Atomic Energy Commission is authorized to use funds cur- 
rently or otherwise available to it for such purposes. 

Sec. 104. There are hereb}^ authorized to be appropriated funds 
necessary to restore or to replace plants or facilities destroyed or 
otherwise seriously damaged, and the Atomic Energy Commission is 
authorized to use funds currently or otherwise available to it for such 
purposes. 

Sec. 105. In addition to the sums authorized to be appropriated to 
the Atomic Energy Commission by section 101 of this Act, there are 
hereby authorized to be appropriated to the Atomic Energy Commis- 
sion to accomplish the purposes of this Act such sums of money as 
may be currently available to the Atomic Energy Commission. 

Sec. 106. Funds authorized to be appropriated or otherwise made 
available by this Act may be used to start any other new project for 
which an estimate was not included in this Act if it be a substitute for 
a project authorized in subsection 101(a), 101(b), or 101(f), and 
the estimated cost thereof is within the limit of cost of the project 
for which substitution is to be made, and the Commission certifies 
that— 

(a) the project is essential to the common defense and security ; 
and 

(b) the new project is required by changes in weapon char- 
acteristics or weapon logistic operations ; 

(c) it is unable to enter into a contract with any person, in- 
cluding a licensee, on terms satisfactory to the Commission to 
furnish from a privately owned plant or facility the product or 
services to be provided in the new project. 

Approved May 3, 1956. 



150 

Legislative History Index to Public Law 84-506 
(Page references are to Congressional Record, 84th Cong., 2d sess.) 

Introduced by Mr. Durham ; referred to Joint Committee on Atomic 

Energy, 5384. 
Reported (H. Eept. 1993), 5383. 
Made special order of business, 5862. 
Amended and passed, 5863. 
Passed Senate in lieu of S. 3673, 5914. 
Examined and signed, 6127, 6171. 
Presented to President, 6284. 
Approved (Public Law 84^503) , 6809. 

Companion Bill— S. 3673 

Mr. Anderson; reported from Joint Committee on Atomic Energy 

(S. Kept. 1763), 5774. 
Defeated, indefinitely postponed, and H.R. 10387 passed in lieu of, 

5914. 

Public Law 84-981 Amendment (H.R. 11709) 
(Supplemental Authorization Act for Fiscal Year 1957) 

AN ACT 

To amend Public Law 506, Eighty-fourth Congress, second session, to increase 
the authorization for appropriations to the Atomic Energy Commission for 
acquisition, or condemnation of real property or any facilities, or for plant or 
facility acquisition, construction, or expansion, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 101 
of Public Law 506, Eighty-fourth Congress, second session, is hereby 
amended by striking the figure "$295,495,000" and inserting in lieu 
thereof the figure "$319,595,000." 

Sec. 2. Section 101(c) 2 of Public Law 506, Eighty-fourth Con- 
gress, second session, is amended by striking the figure "$15,900,000" 
and inserting in lieu thereof the figure "$25,000,000." 

Sec. 3. Section 101(c) of Public Law 506, Eighty-fourth Congress, 
second session, is amended by adding at the end thereof a new sub- 
section, reading: 

"10. Project 57-c-lO, amended reactor development project, 
$15,000,000.'" 

Approved August 6, 1956. 



Legislative History Index to Public Law 8^-981 (H.E. 11709) 

(Page references are to Congressional Record, 84th Cong., 2d sess.) 

Introduced by Mr. Durham ; referred to Joint Committee on Atomic 

Energy, 9106. 
Amended and passed House, 13558. 



151 

Passed Senate, 13634. 
Examined and signed, A 6459, A 6466. 
Presented to President, A 6468. 
Approved (Public Law 981) , A 6470. 

Companion Bill— S. 4288 

Introduced by Mr. Anderson; reported from Joint Committee on 

Atomic Energy (S. Kept. 2808) , 13358. 
Laid aside and H.R. 11709 passed in lieu of, 13634. 



PUBLIC LAW 85-162 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1958) 

(71 Stat. 403) 

AN ACT 

To authorize appropriations for the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

Sec. 101. Authorization. — There is hereby authorized to be ap- 
propriated to the Atomic Energy Commission, in accordance with the 
provisions of section 261 a. (1) of the Atomic Energy Act of 1954. as 
amended, the sum of $259,480,000 18 for acquisition or condemnation 
of any real property or any facility or for plant or facility acquisi- 
tion, construction, or expansion, as follows : 

( a ) Raw Materials. — 

1. Project 58-a-l, offsite access roads. 

(b) Special Nuclear Materials. — 

1. [Project 58-b-l, fabrication plant, $5,000,000] 19 

2. Project 58-b-2, mechanical production line, Hanford, 
Washington, $1,500,000. 

3. [Project 58-b-3, metal treatment plant, Fernald, Ohio, 
$850,000.] 20 

4. Project 58-b-4, improvements to production and sup- 
porting installations, Hanford, Washington, and Savannah 
River, South Carolina, $10,000,000. 

5. [Project 58-b-5, additions to scrap plants, various sites, 
$1,500,000] 20a 

6. [Project 58-b-6, additions to gaseous diffusion plants, 
$6,600,000] 21 



"Public Law 85-412 (1958), sec. 1, amended this figure from $222,230,000 to S2r,7,- 
230.000. Public Law 85-519 (1958), sec. 1, subsequently amended the figure from JiT.?.- 
230.000 to $259,4S0.000. 

19 Public Law S5-590 (1958), sec. 107(a), rescinded authorization for this project except 
for funds theretofore obligated. 

20 Public Law 85-590 (1958), sec. 107(a), rescinded authorization for this project except 
for funds theretofore obligated. 

*>» Public Law S6-457 (1960), sec. 10S(c), rescinded authorization for this project except 
for funds theretofore obligated. 

21 Public Law 87-315 (1961), sec. 10S(d), rescinded authorization for this project excep 
for funds theretofore obligated. 



152 

7. Project 58-b-7, reduction in fire hazards — gaseous dif- 
fusion plants, Oak Ridge, Paducah, and Portsmouth, 
$12,000,000. 

8. Project 58-b-8, production reactor for special nuclear 
materials: development, design, and engineering only, $3,- 
000,000. The Commission shall proceed with sufficient 
design work, together with appropriate engineering and de- 
velopment work, necessary for the Commission to begin con- 
struction as soon as practicable after authorization by the 
Congress, of a large scale single or dual purpose reactor for 
the production of special nuclear materials. The Commis- 
sion shall submit to the Joint Committee on Atomic Energy 
a report on its design for this project, including cost esti- 
mates and schedule of construction, not later than April 1, 
1958. 

(c) Atomic Weapons. — ■ 

1. Project 58-c-l, weapons production and development 
plant, $10,000,000. 

2. [Project 58-C-2, weapons special component plant, 
$6,000,000.] - 21a 

(d) Atomic Weapons. — 

1. Project 58-d-l, manufacturing plant, expansion, Albu- 
querque, Xew Mexico, $3,325,000. 

2. Project 58-d-2, storage 'site modifications, $2,000,000. 

3. Project 58-d-3, high explosive development plant, Liver- 
more. California, $2,100,000. 

4. Project 58-d-4, engineering and laboratory building, Los 
Alamos. New Mexico, $1,013,000. 

5. Project 58-d-5, ventilation system replacements, Los 
Alamos, New Mexico, $618,000. 

6. Project 58-d-6, reclamation foundry, shop, and ware- 
house, Sandia Base, New Mexico, $308,000.' 

7. Project 58-d-7, reactor, area III, Sandia Base, New 
Mexico, $2,900,000. 

8. Project 58-d-S, base construction, Nevada test site, 
$250,000. ^ 

9. Project 58-d-9, base construction, Eniwetok Proving 
Ground, $7,917,000. 

(e) Reactor Development. — 

1. Project 58-e-l, power reactor development acceleration 
project, $11,500,000. 

2. Project 58-e-2. Puerto Rico power reactor. 

3. Project 58-e-3. fuels technologv center, Argonne Na- 
tional Laboratory, Illinois. $10,000,000. 

4. Project 58-e^, modifications and additions, aircraft 
nuclear propulsion ground test plant, area numbered 1, 
National Reactor Testing Station, "Idaho, $8,000,000. 

5. Project 5S-e-5, test installations for classified project, 
$9,000,000. 



213 Pnblic Law «6-4.",7 nnnO). sec. 108(c), rescinded authorization for this project except 
for funds theretofore obligated. 



153 



22 



6. Project 58-e-6, project Sherwood plant, $10,000,000. 

7. Project 58-e-7, waste calcination system, National Re- 
actor Testing Station, Idaho, $6,000,000. 23 

8. Project 58-e-8, hot cells, $3,500,000. 

9. Project 58-e-9, high temperature test installation, Bettis 
plant, Pennsylvania, $3,000,000. 

10. Project 58-e-10, destroyer reactor development plant, 
$750,000. 

11. Project 58-e-ll, sodium reactor experiment (SRE) 
modification, Santa Susana, California, $4,700,000. 

12. [Project 58-e-12, liquid metal fuel reactor experiment 
(LMFRE), $17,500,000.] 24 

13. [Project 58-e-13, Argonne boiling reactor (ARBOR), 
National Reactor Testing Station, Idaho, $8,500,000.] 25 

14. Project 58-e-14, natural uranium, graphite moderated, 
gas cooled, power reactor prototype; development, design, 
and engineering only, $3,000,000. The Commission shall pro- 
ceed with sufficient design work, together with appropriate 
engineering and development work, necessary for the Com- 
mission to begin construction as soon as practicable after au- 
thorization by the Congress, of a large scale natural uranium 
power reactor prototype. The Commission shall submit to 
the Joint Committee on Atomic Energy a report on its design 
for this project, including cost estimates and schedule of 
construction, not later than April 1, 1958. 

15. Project 58-e-15, plutonium recycle experimental re- 
actor designed for the production of 15,000 electrical kilowatt 
equivalent, $15,000,000. 

16. Project 5S-e-16, destroyer reactor plant, West Milton, 
New York, $35,000,000. 26 

(f ) Reactor Development. — 

1. Project 58-f-l, waste storage tanks, National Reactor 
Testing Station, Idaho, $3,700,000. 

2. Project 58-f-2, hot pilot plant, $2,000,000. 

3. Project 58-f-3, land acquisition, National Reactor Test- 
ing Station, Idaho, $1,000,000. 

(g) Physical Research. — 

1. Project 58-g-l, accelerator improvements. University of 
California Radiation Laboratory, California, $875,000. 
(h) Physical Research. — 

1. Project 58-h-l, reactor improvements, Argonne National 
Laboratory, Illinois, $380,000. 
(i) Biology axd Medicine. — 

1. Project 58-i-l, mammalian radiation injury and recov- 
ers area, Oak Ridge National Laboratory, Tennessee, 
$475,000. 



22 Public Law S5-519 (195S), sec. 2, amended this figure. Before amendment it was 
ST. 750.000. 

23 Public Law 85-590 (195S), sec. 112(b), amended this figure. Before amendment it was 
?4. 000.000. 

24 Public Law 86-50 (1959). sec. 10S(a), rescinded authorization for this project exct^t 
for funds theretofore obligated. 

-Public Law S5-590 (195S), sec. 107(a), rescinded authorization for this project except 
for funds theretofore obligated. 

26 Public Law 85-412 (195S), sec. 2, added project 5S-e-16. 

65-234— 7G 11 



154 

( j ) Training, Education, and Information. — ■ 

1. Project 58-j-l, nudear training project, Regional Nu- 
clear Training Center, Puerto Rico, $2,500,000. 
(k) Community. — 

1. Project 58-k-l, schools, Los Alamos, New Mexico, 
$965,000. 

2. Project 58-k-2, housing modifications, Los Alamos, New 
Mexico, $1,000,000. 

3. Project 58-k-3, additional water well, Los Alamos, New 
Mexico, $138,000. 

(1) General Plant Projects.— $26,016,000. 
Sec. 102. Limitations. — (a) The Commission is authorized to start 
any project set forth in subsections 101 (b), 101 (c), 101 (e), 101 (g), 
and 101 (j) only if the currently estimated cost of that project does 
not exceed by more than 25 per centum the estimated cost set forth for 
that project. 

(b) The Commission is authorized to start any project set forth in 
subsections 101 (d), 101 (f), 101 (h), 101 (i), and 101 (k) only if 
the currently estimated cost of that project does not exceed by more 
than 10 per centum the estimated cost set forth for that project. 

(c) The Commission is authorized to start a project under sub- 
section 101 (1) only if it is in accordance with the following : 

1. For community operations, the maximum currently esti- 
mated cost of any project shall be $100,000 and the maximum 
currently estimated cost of any building included in such project 
shall be $10,000. 

2. For all other programs, the maximum currentry estimated 
cost of any project shall be $500,000 and the maximum currently 
estimated cost of any building included in such a project shall 
be $100,000. 

3. The total cost of all projects undertaken under subsection 
101 (1) shall not exceed the estimated cost set forth in that sub- 
section by more than 10 per centum. 

Sec. 103. Advance Planning and Design. — There are hereby au- 
thorized to be appropriated funds for advance planning, construction 
design, and architectural services, in connection with projects which 
are not otherwise authorized by law, and the Atomic Energy Commis- 
sion is authorized to use funds currently or otherwise available to it 
for such purposes. 

Sec. 104. Restoration or Replacement. — There are hereby author- 
ized to be appropriated funds necessary to restore or to replace plants 
or facilities destroyed or otherwise seriously damaged, and the Atomic 
Energy Commission is authorized to use funds currently or otherwise 
available to it for such purposes. 

Sec. 105. Currently Available Funds. — In addition to the sums 
authorized to be appropriated to the Atomic Energy Commission by 
this Act, there are hereby authorized to be appropriated to the Atomic 
Energy Commission to accomplish the purposes of this Act such sums 
of money as may be currently available to the Atomic Energy Com- 
mission. 

Sec. 106. Substitutions. — Funds authorized to be appropriated or 
otherwise made available by this Act may be used to start any other 



155 

new project for which an estimate was not included in this Act if it be 
a substitute for a project authorized in subsection 101 (b), 101 (c). or 
101 (d) and the estimated costs thereof is within the limit of cost of the 
project for which substitution is to be made, and the Commission 
certifies that — 

(a) the project is essential to the common defense and security ; 
and 

(b) the new project is required by changes in weapon charac- 
teristics or weapon logistic operations ; and 

(c) it is unable to enter into a contract with any person, in- 
cluding a licensee, on terms satisfactory to the Commission to 
furnish from a privately owned plant or facility the product or 
services to be provided in the new project. 

Sec. 10T. Increases in Prior Project Authorizations. — (a) Pub- 
lic Law 141, Eighty-fourth Congress, first session, is amended as fol- 
lows : 

(1) By striking therefrom the figure "$14,850,000" for proj- 
ect 56-b-2, fast power breeder pilot facility (EBR-II), and sub- 
stituting therefor the figure "$29.100.000"' ; and 

(2) By striking therefrom the figure "$-1.01 5,000" for proj- 
ect 56-f-3, new Sigma Laboratory. Los Alamos, New Mexico, 
and substituting therefor the figure "$5,100,000". 

(b) Public Law 506, Eighty-fourth Congress, second session, is 
amended as follows : 

(1) By striking therefrom the figure "$15,000,000" for project 
57-d-l, high energy accelerator, and substituting therefor the 
figure "$27,000,000"; and 

(2) By striking therefrom the figure "$350,000" for project 57- 
h-5, cosmotron target area, Brookhave-n National Laboratory, 
and substituting therefor the figure "$3,550,000**. 

Sec. 108. Project Rescissions. — (a) Public Law 141. Eighty- 
fourth Congress, first session, is amended by rescinding therefrom au- 
thorization for certain projects, except for funds heretofore obligated, 
as follows : 

Project 56-b-l, power reactor development acceleration pro- 
jection, $25,000,000: 

Project 56-d-l, metallex pilot facility. Oak Ridge National 
Laboratory. $1,000,000: 

Project 56-d-3, special reactor facilities equipment, Hanford, 
Washington, $5,600,000; 

Project 56-d — 5, conversion of pilot plant and facility to pro- 
duction plant and facilities, Fernald, Ohio, $600,000: 

Project 56-d-8, expansion of metal recoverv facility, Oak 
Ridge National Laboratory. $370,000 ; 

Project 56-f-l, art construction project, fiscal vear 1956 incre- 
ment, $17,873,000 ; 

Project 56-f-2, expansion of weapons material fabrication 
plant and facility, $15,000,000 ; 

Project 56-g-2, reactor training school, Argonne National Lab- 
oratory, $712,000 ; 

Project 56-g-3, chemistry cave for radioactive materials, Ar- 
gonne National Laboratory ,'$448,000; and 



156 

Project 56-g-7, research reactors for the development of peace- 
time uses of atomic energy under Agreements for Cooperation, 
$5,000,000. 
(b) Public Law 506, Eighty-fourth Congress, second session, is 
amended by rescinding therefrom authorization for certain projects, 
except for funds heretofore obligated, as follows : 

Project 57-a-l, additional feed materials, plat, $22,200,000; 
Project 57-a-8, chemical processing facility, St. Louis, Mis- 
souri, $1,600,000 ; 

Project 57-a-9, barrier plant automation, Oak Eidge Tennessee, 
$1,400,000; 

Project 57-a-10, reactor temperature test installation, Hanford, 
Washington, $900,000; 

Project 57-a-ll, improvements to reactor cooling water effluent 
system, Hanford, Washington, $550,000 ; 

Project 57-a-12, fuel element heat-treating plant, Fernald, 
Ohio, $500,000; 

Project 57-c-lO, amended reactor development project, $15,- 
000,000; 

Project 57-f-6, manufacturing support plant, Kansas City, 
Missouri, $444,000 ; and 

Project 57-f-8, mechanical shop additions, Livermore, Cali- 
fornia, $300,000. 
Sec. 109. Expenses for Move to New Principal Office. — (a) The 
Commission is authorized to use its funds for the following purposes 
in order to facilitate retention and relocation of Commission head- 
quarters employees in the course of and following establishment of 
a new principal office outside the District of Columbia, and without 
limitation on the Commission's authority under existing law, as 
follows : 

(1) Allowance and payment for travel and transportation au- 
thorized by section 1 of the Administration Expenses Act of 1946, 
as amended, in connection with the relocation of residence occur- 
ring after July 29, 1955, prior to the effective date of the em- 
ployee's change of official station: Provided, however, That each 
employee who received payments under the Administrative Ex- 
penses Act of 1946, as amended, prior to his change of official sta- 
tion shall be obligated to reimburse the amount thereof to the 
Government as a debt due the United States if he separates from 
Commission employ, other than for reasons beyond his control 
or otherwise acceptable to the Commission, prior to the effective 
date of the employee's change of official station. 

(2) Until the move to the new principal office is effected, pro- 
viding or arranging for commuting transportation to present 
Commission offices in Washington, District of Columbia, for em- 
ployees, including those of other agencies who are assigned to 
full time duty at Commission headquarters, recruited from, or 
who have relocated their residences in, the area of the new head- 
quarters, to the extent necesary and at such charge as to assure 
an adequate work force for the new principal office where this 
purpose cannot be achieved by ordinary transportation. 

(3) Following the move to the new principal office, providing 
or arranging for commuting transportation for Commission em- 



157 

ployees and employees of other agencies who are assigned to full 
time duty at Commission headquarters to and from the new head- 
quarters site to the extent necessary and at such charge as to assure 
an adequate work force where this purpose cannot be achieved by 
ordinary transportation. 

(4) Funds in an amount not to exceed $210,000 27 are author- 
ized for purposes of subsections (2) and (3). 
(b) Other departments and agencies of Government are authorized, 
without limitation upon their authority under existing law, to use 
funds available to them to make allowances and payments to their 
civilian officers and employees who are assigned to full time duty at 
Commission headquarters prior to the time of the move to the new 
principal office, such allowances and payments to be in accordance with 
the provisions of subsection a. ( 1 ) of this section. 

Sec. 110. Prototype Power Reactor Facilities. — (a) The Com- 
mission shall proceed with the design engineering, and construction 
under contract, as soon as practicable, of the prototype power reactor 
facility authorized by section 101 for project 58-e-15 at an installation 
operated by or on behalf of the Commission and the electric energy 
generated shall be used by the Commission in connection with the 
operation of such installation. 

(b) In the conduct of the work under this section the Commission 
is authorized to obtain the participation of private, cooperative, or 
public power organizations to the fullest extent consistent with Com- 
mission direction of the project, ownership of the reactor, and utiliza- 
tion of the electric energy generated. 

(c) The prototype power reactor facility constructed under this 
section shall be operated by, or under contract with, the Commission 
for such period of time as the Commission determines to be advisable 
for research and development purposes and for such additional periods 
as the Commission may determine to be necessary for national defense 
purposes and for the purposes of subsection (a) of this section. Upon 
the expiration of the prototype reactor operation as determined by the 
Commission in accordance with this subsection, the Commission shall 
dismantle the reactor and its appurtenances. 

Sec. 111. Cooperative Power Reactor Demonstration Program. — ■ 
(a) There is hereby authorized to be appropriated to the Atomic 
Energy Commission, in accordance with the provisions of section 281 a. 
(2) of the Atomic Energy Act of 1954, as amended, the sum of 
$135,113,000" for use in a program not to exceed $155,113,000 " sub- 
ject to the following conditions : 

(1) Arrangements for projects sponsored under the Second 
Round of the Commission's power reactor demonstration pro- 
grams by cooperatives and publicly owned agencies under which 
the reactor is financed in major part by the Commission and is to 
be owned by the Federal Government shall be carried on bj 7 direct 

"Public Law 85-590 (1958), sec. 108, amended this figure. Before amendment it was 
$ 7. r >.000. 

28 This figure was originally $129,915,000, in Public Law 85-162. the fiscal year 1958 
act. It was amended by Public Law 85-590, the fiscal year 1959 act. sec. 109, to $155,- 
113.000 and further amended by Public Law 86-50, the fiscal year 1960 act, sec. 110(a) 
to the figure of $135,113,000. 

29 This figure was originally $149,915,000, in Public Law 85-162. the fiscal year 1958 
act. It was amended by Public Law 85-590, the fiscal year 1959 act. sec. 109, to $175,- 
13,000 and further amended by Public Law 86--50, the fiscal year 1960 act, sec. 110(a) 
to the figure of $155,113,000. 



158 

contract between the Commission and the equipment manufac- 
turer or engineering organization with respect to the development, 
design, and construction of the reactor and related facilities, and 
by direct contract between the Commission and the cooperative or 
publicly owned organization with respect to the provision of a 
site and conventional turbogenerating facilities, the operation of 
the entire plant including training of personnel, the sale by the 
Commission of steam from the reactor complex to the cooperative 
or publicly owned organization, and other relevant matters. Sale 
of steam by the Commission under contract with the cooperative 
or publicly owned organization shall be at rates based upon the 
present cost of, or the projected cost of, comparable steam from a 
plant using conventional fuels at such locations. Pro j ects covered 
under this subsection shall be operated under contract with the 
Commission for such period of time as the Commission determines 
to be advisable for research and developments purposes but in no 
event to exceed ten years. Upon the expiration of such period the 
Commission shall offer the reactor and its appurtenances for sale 
to the cooperative or publicly owned agency at a price to reflect 
appropriate depreciation but not to include construction costs 
assignable to research and development. In the event the coopera- 
tive or publicly owned agency elects not to purchase the reactor 
and its appurtenances, the Commission shall dismantle them. 

(2) Funds in the amount of $4,309,000 30 may be expended for 
research and development in Commission laboratories to advance 
the technology of the fast breeder reactor concept. 

(3) The date for approving proposals under the third round 
of the power demonstration reactor program shall be no later 
than June 30, 1969, 31 and no funds authorized for the third round 
shall be expended on projects approved under the first or second 
rounds of such program or on other nuclear power projects al- 
ready under construction. 

(b) Before the Commission enters into any arrangement (including 
contract, agreement, and loan) or amendment thereto, the basis of 
which has not been included in the program justification data pre- 
viously submitted to the Joint Committee on Atomic Energy in sup- 
port of authorization legislation approved in accordance with the 
provisions of section 261 a. (2) of the Atomic Energy Act of 1954, 
as amended, and which involves appropriations authorized by sub- 
section (a) of this section, the basis for the arrangement or amend- 



so This fierure was originally SI. 500. 000 In Public Law 85-162, the fiscal year 195,8 act. 
It was amended by Public Law 85-500, the fiscal year 1959 act, sec. 109. to .$2,750,000 and 
further amended bv Public Law 80-50, the fiscal year 1960 act. sec. 110(a) to the figure of 
$3. 600.000: the amount was further amended to the amount of $4,309,000 bv sec. 104 of 
Public Law 88-72, the fiscal 1904 Authorization Act. 

31 This date was originally December 31, 1958, in Public Law 85-165, the fiscal year 
1958 act. It was amended by Public Law 85-590, the fiscal year 1959 act, sec. 109 to 
June 30. 1959, and further amended bv Public Law 86-50. the fiscal vear I960 act, sec. 
110(a) to the date of June 30, 1960. Sec. 109(a) of Public Law 86-457, the fiseal vear 
1961 act, changed the date to June 30, 1961. Sec. 109(a) of Public Law 87-315, the fiscal 
year 1962 act, changed the date to June 30, 1962. Section 110(a) of Public Law 87-701, 
the fiscal year 1963 act, changed the date to June 30. 1963. Sec. 103 of Public Law 
88-72, the fiscal 1964 act. changed the date to June 30. 1964. Sec. 106 of Public Law 
88-332, the fiscal year 1965 art. changed the date to June 30. 1965. Sec. 105 of Public 
Law 89-32. the fiscal year 1966 act, ehaneed the date to June 30. 1966. See. 105 of Public 
Law 89-428. the fiscal year 1967 act, changed the date to June 30, 1967. Sec. 105 of 
Public Law 90-56. the fiscal year 1968 act, changed the date to June 30. 1968. Sec. 105 
of Public Law 90-289, the fiscal year 1969 act, changed the date to June 30, 1969. 



159 

ment thereto which the Commission proposes to execute (including 
the name of the proposed contractor or party with whom the arrange- 
ment is to be made, a general description of the proposed reactor, the 
estimated amount of the assistance to be provided under section 261 
a. (2), the estimated cost to be incurred by the contractor or other 
party, and the general features of the proposed arrangement or 
amendment) shall be submitted to the Joint Committee, and a period 
of forty-five days shall elapse while Congress is in session (in com- 
puting such forty-five days, there shall be excluded the days on which 
either House is not in session because of adjournment for more than 
three days) : Provided, however, That the Joint Committee after hav- 
ing received the basis for a proposed arrangement, or amendment 
thereto, may by resolution in writing waive the conditions of or all 
or any portion of such forty-five-day period : Provided further, That 
such arrangement or amendment shall be entered into in accordance 
with the program justification data described above and the basis for 
the arrangement or amendment submitted as provided herein: And 
provided further, That no basis for a particular arrangement or 
amendment thereto need be resubmitted to the Joint Committee for 
the sole reason that the estimated amount of assistance provided for 
therein exceeds the estimated amount of assistance previously sub- 
mitted to the Joint Committee by not more than 15 per centum. 

(c) Funds appropriated to the Commission, pursuant to the au- 
thorization contained in subsection (a) of this section, shall be avail- 
able to the Commission for cooperative arrangements which may 
provide for the waiver by the Commission of its charges for the use 
of heavy water for a period not to exceed five years in any proposed 
reactor otherwise eligible for assistance under the Commission's 
power reactor demonstration program. 32 

(d) Funds appropriated to the Commission, pursuant to the au- 
thorization contained in subsection (a) of this section and authorized 
for the Third Eound of the Commission's power reactor demonstra- 
tion program, shall be available to the Commission for a cooperative 
arrangement in accordance with the basis for an arrangement de- 
scribed in the Program Justification Data for Arrangement Num- 
bered 58-111-5. 32 

(e) Funds appropriated to the Commission pursuant to the au- 
thorization contained in subsection (a) of this section, for the Com- 
mission's power reactor demonstration program shall be available to 
the Commission for a cooperative arrangement in accordance with the 
basis for an arrangement described in the Program Justification Data 
for Arrangement Numbered 58-111-6 (PHASE I). 32 

(f) Before the Commission hereafter enters into any arrangement 
the basis of which has not been previously submitted to the Joint Com- 
mittee on Atomic Energy which involves appropriations authorized 
by subsection (a) of this section, it shall make public announcement of 
each particular reactor project it considers technically desirable for 
construction, and shall set reasonable dates for submission, approval 
of the proposal and negotiation of the basis of the arrangement, and 
commencement of construction. 32 



"Public? Law 85-590 (1958), sec. 109, amended sec. Ill by adding new subsecs. (c), (d), 
). and (f). 



<e), and (f). 



1G0 

Sec. 201. Section 161 e. of the Atomic Energy Act of 1954, as 
amended, is amended by adding after the words "adjusted terms 
which" in the proviso thereof, the following: "(at the time of the 
initial grant of any privilege grant, lease, or permit, or renewal 
thereof, or in order to avoid inequities or undue hardship prior to the 
sale by the United States of property affected by such grant."). 

Sec. 202. Section 35 of the Atomic'Energy Community Act of 1955, 
as amended, is amended by adding thereto : 

"c. The appraised value of the Government's interest in commercial 
property shall, in the cases where renegotiation of the lease is re- 
quested by the lessee under the provisions of section 161 e. of the 
Atomic Energy Act of 1954, as amended, be based upon the renegoti- 
ated lease if any is agreed on. Where such renegotiations are re- 
quested, the sales proceedings shall not be initiated until the comple- 
tion of the renegotiation." 

Sec. 203. The Atomic Energy Commission, the Federal Housing 
Administration, and the Housing and Home Finance Agency shall 
report to the Joint Committee by January 31, 1958, with respect to 
the renegotiations, reappraisals, and sales proceedings authorized 
under sections 201 and 202 of this Act. 

Sec. 204. Section 161 of the Atomic Energy Act of 1954, as amended, 
is amended by adding the following new subsection : 

"s. Under such regulations and for such periods and at such prices 
the Commission may prescribe, the Commission may sell or contract 
to sell to purchasers within Commission-owned communities or in 
the immediate vicinity of the Commission community, as the case 
may be, any of the following utilities and related services, if it is 
determined that they are not available from another local source and 
that the sale is in the interest of the national defense or in the public 
interest : 

" ( 1 ) Electric power. 

"(2) Steam. 

"(3) Compressed air. 

"(4} Water. 

" ( 5 ) Sewage and garbage disposal. 

" ( 6) Natural, manufactured, or mixed gas. 

"(7) Ice. 

"(8) Mechanical refrigeration. 

u (9) Telephone service. 
"Proceeds of sales under this subsection shall be credited to the ap- 
propriation currently available for the supply of that utility or service. 
To meet local needs the Commission may make minor expansions and 
extensions of any distributing system or facility within or in the im- 
mediate vicinity of a Commission-owned community through which a 
utility or service is furnished under this subsection." 
Approved August 21, 1957. 



Legislative History Index to Public Law 85-162 (H.R. 8996) 

Introduced by Mr. Durham; Joint Committee on Atomic Energy, 

13221. 
Reported (H. Kept. 987) , 13533. 



161 

Made special order, 14102. 

Debated, 14114, 14247. 

Amended and passed House, 14261. 

Ordered placed on Senate Calendar, 14315. 

Objected to, 14389. 

Amended and passed Senate, 15057. 

Senate insists on its amendment and asks for conference, 15057. 

Conferees appointed, 15057. 

House disagrees to Senate amendment and agrees to a conference, 

15182. 
Conferees appointed, 15182. 

Conference report submitted in Senate and agreed to, 15310, 15314. 
Conference report submitted in House and agreed to, 15387. 
Examined and signed, 15367, 15503. 
Presented to the President, 15544. 
Approved (Public Law 85-162) , 16511. 

Companion Bill — S. 2674 

Mr. Anderson; Joint Committee on Atomic Energy, 13091. 
Reported (S. Pvept. 791) , 13424. 
Objected to 13587, 14377. 
Debated, 14913, 15002, 15032. 
Indefinitely postponed, 15057. 



Amendments to Public Law 85-162 

Public Law 85-412 

[H.E. 12009] 

AN ACT 

To amend Public Law 85-162 to increase the authorization for appropriations to 
the Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 101 of 
Public Law 85-162 is hereby amended bv striking the figure "$222,- 
230,000" and inserting in lieu thereof the figure "$257,230,000". 

Sec. 2. Section 101 (e) of Public Law 85-162 is amended by adding 
at the end thereof a new subsection, reading : 

"16. Project 58-e-16, destroyer reactor plant, West Milton, New 
York, $35,000,000." 

Approved May 16, 1958. 

Legislative History Index to Public Law 85— il2 
(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

Introduced by Mr. Durham ; April 17, 1958. 
Referred to Joint Committee on Atomic Energy, 6719. 



162 

Reported April 22, 1958 (H. Kept. 1618) , 6952. 

Made special order (H. Res. 553, H. Rept. 1668). April 29, 1958, 

8153. 
Debated Mav 6, 1958, 7307-10. Passed House May 6, 1958, 8154. 
Passed Senate May 7, 195S, 8218. 
Examined and signed, 8311, 8352. 
Presented to the President, 8632. 
Approved (Public Law 85-412) . May 16, 1958, 8990. 

Companion Bill— S. 3632 

Introduced by Senator Anderson. April 17, 1958. 
Referred to Joint Committee on Atomic Energy, 6626. 
Reported, April 22, 1958 (S. Rept. 1465) , 6860. 
Objected to May 1, 1958, 7634. 

Indefinitely postponed (H.R. 12009 passed in lieu). May 7, 1958, 
8218. 

PUBLIC LAW 85-590 (AEC AUTHORIZATION 
ACT FOR FISCAL YEAR 1959) 

[85th Congress, H.R. 13121] 

[August 4, 1958] 

AN ACT 

To authorize appropriations for the Atomic Energy Commission 
in accordance with section 261 of the Atomic Energy Act of 
1954, as amended, and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress as- 
sembled, 
ilftk»n Uth ° r " Sec. 10 It Plant or Facility Acquisition or Con- 

struction. — There is hereby authorized to be appro- 
priated to the Atomic Energy Commission, in accordance 
with the provisions of section 261 a. (1) of the Atomic 
Energy Act of 1954, as amended, the sum of $436,- 
879,000 33 for acquisition or condemnation of any real 
property or any facility or for plant or facility acquisi- 
tion, construction, or expansion, as follows : 
(a) Special Nuclear Materials. — 

1. Project 59-a-l, plant modifications for process- 
ing of nonproduction spent fuels, undetermined sites, 
$15,000,000. 

2. Project 59-a-2. pilot plant for fabrication of 
new fuel elements, Fernald. Ohio, $335,000. 

3. Project 59-a-3, reduction of fire hazards — 
phase II gaseous diffusion plants, Oak Ridge, Pa- 
ducah, and Portsmouth, $11,900,000. 



» Amended by Public Law S7-701 (76 Stat. 599) (1962). Prior to 
amendment, figure was $386,679,000. 



163 

4. Project 59-a-4, a new waste storage installation, 
Arco, Idaho, $3,200,000. 

5. Project 59-a-5, production reactor facility for 
special nuclear materials, convertible type, Han- 
ford, Washington, $145,000,000. 

(b) Atomic Weapons. — 

1. Project 59-b-l, weapons production and de- 
velopment plants, locations undetermined, $10,- 
000,000. 

2. Project 59-b-2, component fabrication plant, 
Hanf ord, Washington, $3,500,000. 

3. Project 59-b-3, fabrication plant, Oak Ridge, 
Tennessee, $12,500,000. 

4. [Project 59-b-4, special processing plant, 
Mound Laboratory, Ohio, $2,000,000.] 33a 

(c) Atomic Weapons. — 

1. Project 59-c-l, storage site modifications, vari- 
ous locations, $1,500,000. 

2. Project 59-C-2, base construction, Eniwetok 
Proving Ground, $2,342,000. 

3. Project 59-C-3, base construction, Nevada Test 
Site, $1,780,000. 

4. Project 59-c^r, test area development, Nevada 
Test Site, $600,000. 

5. Project 59-C-5, phermex installation, Los Ala- 
mos, New Mexico, $3,550,000. 34 

6. Project 59-0-6, laboratory building, TA-33, 
Los Alamos, New Mexico, $590,000. 

7. Project 59-C-7, test and environmental installa- 
tions, Sandia Base, New Mexico, $1,488,000. 

8. [Project 59-C-8, lineal acceleration tester, 
Livermore, California, $390,000.] 34a 

9. [Project 59-C-9, test assembly building, $510,- 
000.] 35 

10. Project 59-c-lO, high explosive development 
plant, Livermore, California, $2,000,000. 

11. Project 59-c-ll, storage and handling build- 
ing, Livermore, California, $250,000. 

(d) Reactor Development. — 

1. [Project 59-d-l, reprocessing pilot plant, 
Oak Ridge National Laboratory, Tennessee^ 
$3,500,000.] 35 

2. Project 59-d-2, special purpose test installa- 
tion, $2,300,000. 

3. [Project 59-d-3, fast reactor safety testing sta- 
tion, Nevada test site, $1,367,000.] 35 



«• Public Law 86-457 (1960), sec. 108(b), rescinded authorization for 
this project except for funds theretofore obligated. 

31 Public Law 80-44 (73 Stat. 7.°,) (1959), increased this figure from the 
original amount of $2,250,000 to $3,550,000. 

Ma Public Law 86-457 (1960). sec. 108(b). rescinded authorization for 
this project except for funds theretofore obligated. 

"Public Law 87-315 (1961) sec. 108(c). rescinded authorization for 
projects 59-C-9, 59-d-l, and 59-d-3 except for funds heretofore obligated. 



164 

4. Project 59-d-4, Armv reactor experimental 
area (AREA) , Arco, Idaho, $1,000,000. 

5. Project 59-d-5, hot cells, $5,000,000. 

6. Project 59-d-6, Army package power reactor 
No. 2, $3,000,000. 

7. Project 59-d-7, modifications to organic mod- 
erated reactor experiment (ORME), experimental 
boiling water reactor (EBWR), and boiling reactor 
experiment (BORAX), $0,300,000. 

8. Project 59-d-8, heavy water component test re- 
actor, $8,000,000. 

9. Project 59-d-9, fuels technology centers addi- 
tion, Argonne National Laboratory, Illinois, $5,- 
000,000. 

10. Project 59-d-10, flexible experimental proto- 
type gas-cooled reactor, $30,000,000. 36 

11. Project 59-d-ll, Project Sherwood plant, $2,- 
000,000. 

12. Project 59-d-12, design and development, 
heavy water moderated power reactor, $4,500,000. 37 

13. Project 59-d-13, design and engineering stud- 
ies of two large-scale power reactors and one inter- 
mediate size prototype power reactor, $6,000,000. 

14. Project 59-d-14, design and engineering 
study of a power reactor of advanced design ca- 
pable of utilizing nuclear superheat, such study to 
be undertaken either as a cooperative project or con- 
ducted solely by the Atomic Energy Commission, 
$750,000. 

15. Project 59-d-15, metals and ceramics research 
building, Oak Ridge National Laboratory, Tennes- 
see, $6,500,000. 

16. Project 59-d-16, metals process development 
plant, Ames, Iowa, $1,900,000. 

(e) Physical, Research. — 

1. Project 59-e-l, accelerator improvements, Uni- 
versity of California, Radiation Laboratory, Cali- 
fornia, $1,300,000. 

2. Project 59-e-2, CP-5 reactor improvements, 
Argonne National Laboratory, Illinois, $500,000. 

[3. Project 59-e-3, two accelerators, beam analyz- 
ing system and magnet, Pennsylvania State Uni- 
versity, Pennsylvania, $950,000] . 38 

4. Project 59-e^r, cyclotron, University of Cali- 
fornia Radiation Laboratory, $5,000,000. 

5. Project 59-e-5, central research laboratory ad- 
dition, Oak Ridge National Laboratory, $3,500,000. 



86 Public Law 86-50 (1959), sec. 107(a), amended this project. Before 
amendment it read "Project 59-d-10 gas-cooled power reactor, $51,- 
000,000." 

37 Public Law 86-50 (1959), sec. 107(c). amended project 59-d-12, by 
amending the words "design and engineering study" to "design and 
development," and by increasing the amount from $2,500,000 to $4,- 
500,000. 

38 Public Law 88-332 (1964). sec. 102(a), rescinded authorization for 
this project except for funds heretofore obligated. 



165 

6. Project 59-e-6, chemistry building addition, 
University of California Radiation Laboratory, 
$2,000,000. 

7. Project 59-e-7, chemistry hot laboratory, Ar- 
gonne National Laboratory, $4,400,000. 

8. Project 59-e-8, expansion of stable isotopes 
production capacity, Oak Ridge National Labora- 
tory, $900,000. 

9. Project 59-e-9, high energy physics building, 
Columbia University, $500,000. 

10. Project 59-e-10, particle accelerator program 
addition, Harvard-MIT accelerator, $1,300,000. 

11. Project 59-e-ll, high flux research reactor, 
Brookhaven National Laboratory, $10,000,000. 39 

[12. Project 59-e-12, research and engineering re- 
actor, Argonne National Laboratory, design and 
engineering, $1.000,000]. 40 

13. Project 59-e-13, Van de Graff accelerator, 
Argonne National Laboratory, $2,500,000. 

14. Project 59-e-14, cyclotron, Oak Ridge Na- 
tional Laboratory, $3,000,000. 

15. Project 59-e-15, research reactor, Ames Labo- 
ratory, $3,800,000. 

(f ) Biology and Medicine. — 

1. Project 59-f-l, installations for support of re- 
search dealing with radioactive fallout and related 
radiation hazards, $2,000,000. 

(g) Training, Education, and Information. — 

1. Project 59-g-l, additional plant for the Re- 
gional Nuclear Training Center, Puerto Rico, $500.- 
000. 

2. Project 59-g-2, International Atomic Energy 
Agency research reactors and laboratory equipment 
grant, $2,000,000. 

3. [Project 50-g-3, gamma process development 
irradiator, $1,600,000.] 40a 

(h) Community. — 

1. Project 59-h-l, school storage buildings, Han- 
ford, Washington, $75,000. 

' (i) General Plant Projects.— $25,602,000. 

Sec. 102. Limitations. — (a) The Commission is au- 
thorized to start any project set forth in subsections 101 
(a), (b), (d), (e), (f), and (g) only if the currently 
estimated cost of that project does not exceed by more 
than 25 per centum the estimated cost set forth for that 
project. 

(b) The Commission is authorized to start any project 
set forth in subsections 101 (c) and (h) only if the cur- 

«• Public Law 86-50 (1959), sec. 107(b), amended Project 59-e-ll by 
deleting the words "design, engineering and advance procurement - ' and by 
increasing the amount authorized from $1,000,000 to $10,000,000. 

"Public Law 88-332 (1964), sec. 102(a), rescinded authorization for 
this project except for funds theretofore obligated. 

«°* Public Law 86-457 (1960), sec. 108(b), rescinded authorization for 
this project except for funds theretofore obligated. 



166 

rently estimated cost of that project does not exceed by 
more than 10 per centum the estimated cost set forth for 
that project. 

(c) The Commission is authorized to start a project 
under subsection 101 (i) only if it is in accordance with 
the following : 

1. For community operations, the maximum cur- 
rently estimated cost of any project shall be $100,- 
000 and the maximum currently estimated cost of 
any building included in such project shall be 
$10,000. 

2. For all other programs, the maximum currently 
estimated cost of any project shall be $500,000 and 
the maximum currently estimated cost of any build- 
ing included in such a project shall be $100,000. 

3. The total cost of all projects undertaken under 
subsection 101 (i) shall not exceed the estimated 
cost set forth in that subsection by more than 10 
per centum. 

Sec. 103. Advance Planning and Design. — There 
are hereby authorized to be appropriated funds for ad- 
vance planning, construction design, and architectural 
services, in connection with projects which are not other- 
wise authorized by law, and the Atomic Energy Com- 
mission is authorized to use funds currently or otherwise 
available to it for such purposes. 

Sec. 104. Restoration or Replacement. — There are 
hereby authorized to be appropriated funds necessary to 
restore or to replace plants or facilities destroyed or 
otherwise seriously damaged, and the Atomic Energy 
Commission is authorized to use funds currently or other- 
wise available to it for such purposes. 

Sec. 105. Currently Available Funds. — In addition 
to the sums authorized to be appropriated to the Atomic 
Energy Commission by section 101 of this Act, there are 
hereby authorized to be appropriated to the Atomic 
Energy Commission to accomplish the purposes of this 
Act such sums of money as may be currently available to 
the Atomic Energy Commission. 

Sec. 106. Substitution. — Funds authorized to be 
appropriated or otherwise made available by this Act 
may be used to start any other new project for which an 
estimate was not included in this Act if it be a substitute 
for a project authorized in subsection 101(a), 101(b), 
or 101(c), and the estimated cost thereof is within the 
limit of cost of the project for which substitution is to be 
made, and the Commission certifies that — 

(a) the project is essential to the common defense 
and security ; and 

(b) the new project is required by changes in 
weapon characteristics or weapon logistic opera- 
tions; and 

(c) it is unable to enter into a contract with any 
person, including a licensee, on terms satisfactory to 



167 

the Commission to furnish from a privately owned 
plant or facility the product or services to be pro- 
vided in the new project. 
Sec. 107. Project Rescissions. — (a) Public Law 85- 
162 is amended by rescinding therefrom authorization for 
certain projects, except for funds heretofore obligated, 
as follows: 

Project 58-b-l, fabrication plant, $5,000,000; 
Project 58-b-3, metal treatment plant, Fernald, 
Ohio, $850,000 ; and 

Project 58-e— 13, Argonne boiling reactor (AR- 
BOR), National Reactor Testing Station, Idaho, 
$8,500,000. 
(b) Public Law 506, Eighty-fourth Congress, second 
session, is amended by rescinding therefrom authoriza- 
tion for a project, except for funds heretofore obligated, 
as follows : 

Project 57-C-6, food irradiation facility, 

$3,000,000. 

Sec. 108. Expenses tor Move to New Principal, 

Office. — Public Law 85-162 is amended by striking 

therefrom the figure "$75,000" in section 109 a. (4) and 

substituting therefor the figure "$210,000". 

Sec. 109. Cooperative Power Reactor Demonstra- 
tion Program. — Section 111 of Public Law 85-162 is 
herebv amended by striking out the figures "$129,915,- 
000" and "$149,915,000" in subsection (a) thereof, and 
inserting in lieu thereof the figures "$155,113,000" and 
c ;$175,113,000"; by striking out the figure "$1,500,000" 
in clause (2) of subsection 111 a. and inserting in lieu 
thereof the figure "$2,750,000" ; by striking out the date 
"December 31, 1958" in clause (3) of subsection 111 a. 
and inserting in lieu thereof the date "June 30, 1959"; 
and by adding at the end thereof the following new sub- 
paragraphs (c), (d), (e),and (f) : 

"(c) Funds appropriated to the Commission, pursuant 
to the authorization contained in subsection (a) of this 
section, shall be available to the Commission for co- 
operative arrangement which may provide for the waiver 
by the Commission of its charges for the use of heavy 
water for a period not to exceed five years in any pro- 
posed reactor otherwise eligible for assistance under the 
Commission's power reactor demonstration program. 

"(d) Funds appropriated to the Commission, pursu- 
ant to the authorization contained in subsection (a) of 
this section and authorized for the Third Round of the 
Commission's power reactor demonstration program, 
shall be available to the Commission for a cooperative 
arrangement in accordance with the basis for an ar- 
rangement described in the Program Justification Data 
for Arrangement Numbered 58-111-5. 

"(e) Funds appropriated to the Commission pursuant 
to the authorization contained in subsection (a) of this 



168 

section, for the Commission's power reactor demonstra- 
tion program shall be available to the Commission for a 
cooperative arrangement in accordance with the basis 
for an arrangement described in the Program Justifica- 
tion Data for Arrangement Xumbered 58-111-6 
(PHASE I). 

"(f) Before the Commission hereafter enters into any 
arrangement the basis of which has not been previously 
submitted to the Joint Committee on Atomic Energy 
which involves appropriations authorized by subsection 
(a) of this section, it shall make public announcement of 
each particular reactor project it considers technically 
desirable for construction, and shall set reasonable 
dates for submission, approval of the proposal and nego- 
tiation of the basis of the arrangement, and commence- 
ment of construction.*' 

Sec. 110. Gas-Cooled Power Reactor. — (a) The ap- 
propriation authorized in section 101 of this Act for proj- 
ect 59-d-10. gas cooled power reactor, shall also be alter- 
natively available for a cooperative program under which 
the Commission may enter into a cooperative arrange- 
ment with public, private, or cooperative power groups, 
equipment manufacturers or others under which the 
organization will design, construct, and operate the re- 
actor at its own expense and the Commission will con- 
tribute to the cost of research and development programs 
and other assistance in accordance with the terms and 
conditions of the Commission's power reactor demonstra- 
tion program, including review by the Joint Committee 
of the basis of the proposed arrangement in accordance 
with subsection 111 (b) of Public Law 85-162. Within 
thirty days after the President signs the Act making 
available to the Commission appropriations for this proj- 
ect, the Commission shall make a public announcement 
requesting proposals for such a cooperative program. In 
the event the Commission does not receive a proposal 
within sixty days after such announcement, or if the Com- 
mission receives proposals within such sixty-day period 
but is unable to negotiate a satisfactory basis of the ar- 
rangement for submission to the Joint Committee within 
ninety days thereafter, the Commission shall proceed 
with project 59-d-10 in accordance with subsections (b), 
(c).and (d) of this section. 

(b) In the event the Commission does not receive a 
satisfactory proposal under subsection (a) of this section, 
the Commission shall proceed with the design, engineer- 
ing and construction under contract, as soon as prac- 
ticable, of the prototype power reactor facility authorized 
by Section 101 for project 59-d-10 at an installation 
operated by or on behalf of the Commission, and the elec- 
tric energy generated shall be used by the Commission in 
connection with the operation of such installation. 



169 

(c) In the conduct of the work under this section, the 
Commission is authorized to obtain the participation of 
private, cooperative, or public power organizations to the 
fullest extent consistent with the Commission direction 
of the project, ownership of the reactor, and utilization 
of the electric energy generated. 

(d) The power reactor facility constructed shall be op- 
erated by, or under contract with, the Commission, for 
such period of time as the Commission determines to be 
advisable for research and development purposes and for 
such additional period as the Commission may determine 
to be necessary for national defense purposes. Upon the 
expiration of such period the Commission may offer the 
reactor and its appurtenances for sale to any public, pri- 
vate, or cooperative power group at a price to reflect ap- 
propriate depreciation but not to include construction 
costs assignable to research and development, or the Com- 
mission may dismantle the reactor and its appurtenances. 

(e) Notwithstanding the provisions of subsection (a), 
if the Commission determines, at any time within sixty 
days after the announcement provided for in subsection 
(a) that (i) any public, private, or cooperative power 
group, equipment manufacturer, or other persons or or- 
ganization has designed and is ready to construct and 
operate such a reactor at its own expense and not in con- 
junction with any cooperative arrangement with the 
Commission and (ii) the purposes of the gas-cooled re- 
actor project 59-d-10 as a part of the Commission's re- 
actor-development program would be substantially ful- 
filled by the construction and operation of the reactor by 
such group, equipment manufacturer, or other person or 
organization, then the Commission shall not be obligated 
to proceed with such project under this section. 

Sec. 111. Design and Feasibility Studies. — The 
Commission shall proceed with sufficient design work, 
together with appropriate engineering and development 
work, necessary for the Commission to begin construc- 
tion as soon as practicable after authorization by the 
Congress of the type of reactor authorized by project 
59-d-12. The Commission shall submit to the Joint 
Committee on Atomic Energy reports on the studies for congress 
projects 59-d-12 and 59-d-14 by April 1, 1959, and for 
project 59-d-13 by May 1, 1959. 

Sec. 112. Increase in Prior Project Authoriza- 
tions. — (a) Public Law 84-506 is amended by striking 
out the figure "$2,140,000" for project 57-h-2, physics 
building, Brookhaven National Laboratory, and substi- 
tuting therefor the figure "$3,040,000." 

(b) Public Law 85-162 is amended by striking out the 
figure "$4,000,000" for project 58-e-7, waste calcination 
svstem, National Reactor Testing Station, Idaho, and 
substituting therefor the figure "$6,000,000". 

Approved August 4, 1958. 

G5-234— 7G 12 



170 

Index to Legislative History of Public Law 85-590 (H.R. 13121) 

(AEC Authorization Act for Fiscal Year 1959) 

(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

H.R. 12459 introduced by Mr. Durham (by request). Referred to 
Joint Committee on Atomic Energy. May 12, 1958, 8434. 

H.R. 13121 introduced by Mr. Durham as "clean bill." Referred to 
Joint Committee on Atomic Energy. June 25, 1958, 12264. 

Reported (H. Rept. 2108). July 2, 1958, 12994. 

Made special order (H. Res. 625, H. Rept. 2124). July 9, 1958, 13695. 

Passed House. July 14, 1958, 13695. 

Amended and passed Senate. July 15, 1958, 13695. 

Senate insists on its amendments, and asks for conference, 13831. 

Conferees appointed, 13831. 

House disagrees to Senate amendments, agrees to conference and ap- 
points conferees. July 16, 1958, 14024. 

Conference Report No. 2236 submitted in House. July 21, 1958, 14524. 

Conference Report agreed to in House. July 22, 1958, 14641. 

Conference report agreed to in Senate. July 22, 1958, 14588. 

Examined and signed, 14728, 14864. 

Presented to the President, 15025. 

Approved (Public Law 85-590) . August 4, 1958, 16218. 

Companion Bill — S. 4051 

S. 3788 introduced by Senator Anderson (by request). May 12, 1958. 

Referred to Joint Committee on Atomic Energy, 8370. 
S. 4051 introduced by Senator Anderson as "clean bill." Referred to 

Joint Committee on Atomic Energy. June 25, 1958, 12146. 
Reported (S. Rept. 1793). July 2, 1958, 12877. 
Passed over, 13785. 
Debated, 13799, 13802,- 13819. 
Indefinitely postponed (H.R. 13121 passed in lieu). July 15, 1958, 

18831. 



Amendments to Public Law 85-590 

[Public Law 86-44] 

[86th Congress, S. 1228] 

[June 11, 1959] 

AN ACT 

To amend Public Law 85-590 to increase the authorization for 
appropriations to the Atomic Energy Commission in accord- 
ance with section 261 of the Atomic Energy Act of 1954, as 
amended, and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress as- 



171 

sembled, That section 101(c) of Public Law 85-590 is 72 stat - «<>■ 
amended by striking therefrom the figure $2,250,000'' 
for project 59-C-5, phermex installation, Los Alamos, 
New Mexico, and by inserting in lieu thereof the figure 
u $3,550,000". 

Approved June 11, 1959. 



Legislative History Index to Public Law 86-44 
(Page references are to the Congressional Record, 86th Cong., 1st sess.) 

S. 1228 introduced by Senator Anderson and referred to JCAE. 

March 2, 1959, 3089. 
Reported without amendment (S. Kept. 229). April 27, 1959, 6752. 
Passed Senate by voice vote. April 29, 1959, 6982. 
Passed House in lieu of H.R. 5105. June 2, 1959, 9587. 
Examined and signed; presented to President. June 3, 1959, 9671, 

9755, 9695. 
Approved (Public Law 8&-44) . June 11, 1959, 10617. 

Companion Bill— H.R. 5105 

Introduced by Mr. Durham and referred to JCAE. March % 1959, 
3177. 

Reported in the House without amendment (H. Rept. 328) and com- 
mitted to the Committee of the Whole House on the State of the 
Union. April 29, 1959, 7106. 

S. 1228 passed in lieu of H.R. 5105. H.R. 5105 laid on table. June 2, 
1959, 9588. 

PUBLIC LAW 86-50 (AEC AUTHORIZATION 
ACT FOR FISCAL YEAR 1960) 

[86th Congress, S. 2094] 

[June 23, 1959] 

AN ACT 

To authorize appropriations for the Atomic Energy Commission 
in accordance with section 261 of the Atomic Energy Act of 
1934, as amended, and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress as- 
sembled, 

Sec. 101. Plant or Facility Acquisition or Con- ahc Appro- 
struction. — There is hereby authorized to be appropri- Acquisition, 
ated to the Atomic Energy Commission in accordance ®JJ- ofprop " 
with the provisions of section 261a. (1) of the Atomic 7i stat 274. 
Energy Act of 1954, as amended, the sum of $172,- 42 usa 2017, 



172 

900,000 41 for acquisition or condemnation of any real 
property or any facility or for plant or facility acquisi- 
tion, construction, or expansion, as follows : 

( a) Special Nuclear [Materials. — 

Project 60-a-l, modifications to production and sup- 
porting installations, $10,000,000. 

[Project 60-a-2, prototype installations, gaseous diffu- 
sion plants, $1,000,000.] 42 

Project 60-a-3, central computing building, Oak 
Ridge, Tennessee, $1,650,000. 

Project 60-a-4, reactor air filters, Savannah River, 
South Carolina, $5,000,000. 

Project 60-a-5, additional raw water line, Paducah, 
Kentucky, $810,000. 

Project 60-a-6, water plant expansion, 100 K area, 
Hanford, Washington, $5,000,000. 

Project 60-a-T, modifications to reactor disassembly 
basins, Savannah River, South Carolina, $1,600,000. 

(b) Special Nuclear Materials. — 

[Project 60-b-l, cylinder storage area, Paducah, Ken- 
tucky, $500,000.] * 2 ' 

Project 60-b-2, increased cooling water capacity, Sa- 
vannah River, South Carolina, $5,000,000. 

(c) Atomic Weapons. — ■ 

Project 60-c-l, weapons production, development and 
test installations, $10,000,000. 

[Project 60-C-2, special processing plant, phase II, 
Mound Laboratory, Ohio, $3,800,000.] 42a 

Project 60-C-3, test and environmental installations, 
Sandia Base, New Mexico, $1,000,000. 

(d) Atomic Weapons. — ■ 

Project 60-d-l, storage site modifications, $1,500,000. 
Project 60-d-2, materials storage vault, Los Alamos, 
New Mexico, $133,000. 

(e) Reactor Development. — 

Project 60-e-l, modifications to experimental breeder 
reactor Numbered 1 (EBR-1) , National Reactor Testing 
Station, Idaho, $1,000,000. 

Project 60-e-2, portable gas-cooled reactor prototvpe, 
National Reactor Testing Station, Idaho, $2,500,000." 

Project 60-e-3, alterations, modifications and addi- 
tions to MTR-ETR utility, technical and support instal- 
lations, National Reactor Testing Station, Idaho, $2,- 
500,000. 

Project 60-e-4, hot cells, $2,500,000. 

Project 60-e-5, chemical processing plant area utility 
modifications and improvements, National Reactor Test- 
ing Station, Idaho, $750,000. 



^Amended by Public Law 87-701 (76 Stat. 599) (1962). Prior to 
amendment, figure was $165,400,000. 

"Public Law 87-315 (1961;, sec. 108(b), rescinded authorization for 
projects 60-a-2 and 60-b-l except for funds theretofore obligated. 

"•Public Law 86-457 (1960). sec. 108(a), rescinded authorization for 
this project except for funds theretofore obligated. 



173 

Project 60-e-6, reactor support installations, Nevada 
Test Site, $500,000. 

[Project 60-e-T, nuclear test plant, Army Reactor Ex- 
perimental Area (AREA), National Reactor Testing 
Station, Idaho, $5,000,000.] 43 

Project 60-e-8, modifications and additions for test 
installation for project Pluto, $2,000,000. 

Project 60-e-9, research and development test plant 
additions and modifications for project Rover, $4,800,000. 

Project 60-e-10, general support installations and util- 
ities expansion, Argonne National Laboratory, Lemont, 
Illinois, $4,300,000. 

Project 60-e-ll, natural circulation test plant, Na- 
tional Reactor Testing Station, Idaho, $18,500,000. 

Project 60-e-12, alterations to Shippingport reactor 
facilities, $9,000,000. 43a 

Project 60-e-13, experimental organic cooled reactor, 
$6,000,000. 

[Project 60-e-14, experimental low-temperature proc- 
ess heat reactor, $4,000,000.] 44 

Project 60-e-15, power reactor of advanced design 
capable of utilizing nuclear superheat, to be undertaken 
either as a cooperative project or conducted solely by 
the Atomic Energy Commission, $11,000,000. 

(f) Reactor Development. — 

Project 60-f-l, miscellaneous modifications and addi- 
tions, Argonne National Laboratory, Illinois, $1,000,000. 

(g) Physical Research. — 

Project 60-g-l, project Sherwood Plant, $1,000,000. 

Project 60-g-2, accelerator and reactor modifications, 
Brookhaven National Laboratory, New York, $1,950,000. 

Project G0-g-3, transuranium processing plant, Oak 
Ridge National Laboratory, Tennessee, $8,700,000. 45 

Project 60-g-4, phvsics building, Lawrence Radiation 
Laboratory, California, $2,000,000. 

Project €0-g-5, 10 Mev tandem Van de GraafF accel- 
erator, Oak Ridge, Tennessee, $2,400,000. 

(h) Biology and Medicine. — 

Project 60-h-l, installations for support of biomedical 
research projects in atomic energy, $3,000,000. 

(i) Isotopes Development. — 

Project 60-i-l, high-level radiation development labo- 
ratory, $1,600,000. 

Project 60-i-2, radioisotope process development labo- 
ratory, $1,500,000. 



"Public Law 88-332 (1964). sec. 102(b), rescinded authorization for 
this project except for funds theretofore obligated. 

«• Amended by Public Law 86-457 (74 Stat. 720) (1960). Prior to 
amendment figure was $5, 000. 000. 

"Authorization for project 60-e-14 rescinded by sec. 108(a) of Public 
Law 87-701 (76 Stat. 599) (1962). except for funds theretofore obligated. 

"Amended by Public Law 87-701 (76 Stat. 599) (1962). Prior to 
amendment, subsection read : "Project 60-g-3, transuranium laboratory, 
Oak Ridge National Laboratory, Tennessee, $1,200,000." 



174 

(j) Isotopes Development. — 

Project 60-j-l, radioisotope production area expansion 
and modifications, Oak Ridge National Laboratory, Ten- 
nessee, $300,000. 

(k) Community. — 

Project 60-k-l, high school additions, Los Alamos, 
New Mexico, $485,000. 

Project 60-k-2, real estate development, Los Alamos, 
New Mexico, $240,000. 

Project 60-k-3, housing alterations, Los Alamos, New 
Mexico, $1,000,000. 

(1) General Plant Projects.— $30,882,000. 

Sec. 102. Limitations. — (a) The Commission is au- 
thorized to start any project set forth in subsections 101 
(a), (c), (e), (g), (h), and (i) only if the currently 
estimated cost of that project does not exceed by more 
than 25 per centum the estimated cost set forth for that 
project. 

(b) The Commission is authorized to start any proj- 
ect set forth in subsections 101 (b), (d), (f), (j), and 
(k) only if the currently estimated cost of that project 
does not exceed by more than 10 per centum the esti- 
mated cost set forth for that project. 

(c) The Commission is authorized to start a project 
under subsection 101(1) only if it is in accordance with 
the following: 

1. For community operations, the maximum currently 
estimated cost of any project shall be $100,000 and the 
maximum currently estimated cost of any building in- 
cluded in such project shall be $10,000. 

2. For all other programs, the maximum currently 
estimated cost of any project shall be $500,000 and the 
maximum currently estimated cost of any building in- 
cluded in. such project shall be $100,000. 

3. The total cost of all projects undertaken under sub- 
section 101(1) shall not exceed the estimated cost set 
forth in that subsection by more than 10 per centum. 

Sec. 103. Advance Planning and Design. — There are 
hereby authorized to be appropriated funds for advance 
planning, construction design, and architectural services, 
in connection with projects which are not otherwise 
authorized by law, and the Atomic Energy Commission 
is authorized to use funds currently or otherwise avail- 
able to it for such purposes. 

Sec. 104. Restoration or Replacement. — There are 
hereby authorized to be appropriated funds necessary to 
restore or to replace plants or facilities destroyed or 
otherwise seriously damaged, and the Atomic Energy 
Commission is authorized to use funds currently or other- 
wise available to it for such purposes. 
Sec. 105. Currently Available Funds. — In addition 
to the sums authorized to be appropriated to the Atomic 



175 

Energy Commission by section 101 of this Act, there are 
hereby authorized to be appropriated to the Atomic En- 
ergy Commission to accomplish the purposes of this Act 
such sums of money as may be currently available to the 
Atomic Energy Commission. 

Sec. 106. Substitutions. — Funds authorized to be ap- 
propriated or otherwise made available by this Act may 
be used to start any other new project for which an esti- 
mate was not included in this Act if it be a substitute 
for a project or portion of a project authorized in sub- 
sections 101(a), 101(b), 101(c), and 101(d) and the esti- 
mated cost thereof is within the limit of cost of the proj- 
ect for which substitution is to be made, and the Com- 
mission certifies that — 

(a) the project is essential to the common defense 
and security; and 

(b) the new project is required by changes in 
weapon characteristics or weapon logistic opera- 
tions; and 

(c) it is unable to enter into a contract with any 
person, including a licensee, on terms satisfactory 
to the Commission to furnish from a privately owned 
plant or facility the product or services to be pro- 
vided in the new project. 

Sec. 107. Amendment or Prior- Year Projects. — Sec- 72 stat 491 - 
tion 101 of Public Law 85-590 is amended as follows : 

(a) By striking therefrom "Project 59-d-10, gas- 
cooled power reactor, $51,000,000" and substituting there- 
for "Project 59-d-10, flexible experimental prototype 72 stat. 492. 
gas-cooled reactor, $30,000,000". 

(b) By striking therefrom "Project 59-e-ll, high flux 
research reactor, Brookhaven National Laboratory, 
design, engineering and advance procurement, $1,000,- 
000" and substituting therefor "Project 59-e-ll, high 

flux research reactor, Brookhaven National Laboratory, 72 stat. 491. 
$10,000,000". 

(c) By striking therefrom "Project 59-d-12, design 
and engineering study of heavy water moderated power 
reactor, $2,500,000" and substituting therefor "Project 
59-d-12, design and development, heavy water moderated 
power reactor, $4,500,000". 

Sec. 108. Project Rescissions — (a) Public Law 85- 
162 is amended by rescinding therefrom authorizations 
for a project, except for funds heretofore obligated, as 71 stat 405 - 
follows : 

Project 58-e-12, liquid metal fuel reactor experiment 
(LMFRE), $17,500,000. 

(b) Public Law 506, Eighty-fourth Congress, as 
amended, is further amended by rescinding therefrom 
authorization for a project, except for funds heretofore 70 stat 12S - 
obligated, as follows: 

Project 57-d-3, forty-eight -inch heavy particle cy- 
clotron, Oak Ridge National Laboratory, $459,000. 



176 

Sec. 109. Cooperation With European Atomic En- 
ergy Community. — 

There is hereby authorized to be appropriated to the 
Atomic Energy Commission, in accordance with the pro- 
visions of section 216a (2) of the Atomic Energy Act 
72 stat. 1084. f 1954^ as amended, the sum of $7,000,000, in addition to 
the sum of $3,000,000 previously authorized under section 
3 of Public Law 85-846, which shall be available for 
carrying out the purposes of section 3 of Public Law 85- 
846, providing for cooperation with the European 
Atomic Energy Community. 

72 Stat. 493. g Ea -qq^ COOPERATIVE POWER Re ACTOR DEMONSTRATION 

Programs. — 

(a) Section 111 of Public Law 85-162, as amended, is 
further amended bv striking out the figures "$155,113,- 
000*' and u $175,113^000" in subsection (a), and inserting 
in lieu thereof the figures "$135,113,000", and "$155,113,- 
000", and by striking out the figure "$2,750,000" in clause 
(2) of subsection (a) and inserting in lieu thereof the 
figure "$3,600,000" ; by striking out the date "June 30, 
1959" in clause (3) of subsection (a) and inserting in 
lieu thereof the date "June 30, 1960". 

(b) There is hereby authorized to be appropriated to 
the Atomic Energy Commission, under the terms and 

71 stat. 409. conditions of section 111 of Public Law 85-162, as 
amended, the sum of $55,500,000 for use in a program not 
to exceed $65,500,000, to be available for the Commis- 
sion's cooperative power reactor demonstration program. 
Without regard to the provisions of clause (3) of sub- 
section (a) of section 111 of Public Law 85-162, no funds 
or waiver of use charges authorized by this subsection 
shall be available on projects already approved under 
the power demonstration reactor program or on other 
nuclear power projects already under construction. In 
connection with such program, the Commission is author- 
ized to waive its charges for the use of special nuclear 
materials and heavy water for research and development 
and for a period of not more than five years after initial 
criticality of the reactor. 

(c) Funds appropriated to the Commission pursuant 
to the authorization contained in subsection (b) of this 
section shall be available to the Commission for the pur- 
pose of supplementing its Third Kound power reactor 
demonstration program to include financial assistance to 
public and private organizations for research and de- 
velopment in connection with the design, construction, 
and operation of power reactor prototypes based on es- 
tablished reactor technology. The Commission shall 
consider, but not be limited to, the following types : 

(1) One such plant may be a boiling water prototype 
reactor in the size range from 50,000 KWE to 100,000 
KWE, and 



177 

(2) One such plant may be a prototype reactor in the 
intermediate size range. 

Under this subsection, and without regard to subsec- 
tion (f ) of section 111 of Public Law 85-162, the Com- 72 stat - 49 - 
mission is authorized to use funds, not to exceed $5,000,- 
000 in the aggregate, to provide research and develop- 
ment assistance in support of unsolicited proposals from 
the utility industry to construct nuclear powerplants. 

(d) Funds appropriated to the Commission pursuant 
to the authorization contained in subsection (b) of this 
section shall be available to the Commission for the pur- 
pose of reinstituting and supplementing the Second 
Kound of its power reactor demonstration program to 
provide for the development, design, construction and 
operation of ( 45a ) reactor prototypes in accordance with 
subsection 111(a) (1) of Public Law 85-162 and which 71 stat. 409. 
shall be based on established reactor technology. There 

are also authorized to be appropriated such additional 
funds as may be necessary for the operation of such re- 
actor prototypes, as provided in subsection 111(a) (1) of 
Public Law 85-162. The Commission shall consider, but 
not be limited to, the following types : 

(1) One such reactor prototype may be a small power 
reactor which will be designed to make significant con- 
tribution to the achievement of economical power in a 
small size nuclear powerplant ; and 

(2) One such reactor prototype may be in the inter- 
mediate size range. 

(e) In the event the Commission solicits proposals for 
any prototype under subsection (c) or (d) of this sec- 
tion, but no satisfactory proposal is received, the Com- 
mission may, if the project is still deemed desirable, pro- 
ceed with design, construction, and operation of such 
prototype at a Commission installation and funds au- 
thorized by subsection (b) shall be available for the pur- 
poses of this subsection (e) . 

(f ) Funds appropriated to the Commission, pursuant 
to the authorization contained in subsection (b) of this 
section, and authorized for the Third Round of the Com- 
mission's power reactor demonstration program shall be 
available to the Commission for use in a cooperative 
arrangement to provide financial assistance for research 
and development in connection with the design, construc- 
tion, and operation of an advanced, high temperature 
gas-cooled experimental power reactor in accordance with 
the basis for an arrangement described in the program 
justification data submitted by the Commission in sup- 
port of its authorization proposal for fiscal year 1960 : 
Provided, That in the event the parties enter into such 
a cooperative arrangement and proceed with research 

«■ Public Law 86-457 (1960), sec. 109(c), deleted the word "two" after 
the word "of". 



178 

and development and there is a unilateral abandonment 
of the research and development or of the construction 
of the plant for reasons other than (a) a contract amend- 
ment under which the Atomic Energy Commission ap- 
proves such abandonment, or (b) causes beyond the con- 
trol of the contracting parties and without their fault 
or negligence (including inability to obtain necessary 
licenses or regulatory approvals or adequate liability in- 
surance coverage), the Commission shall be reimbursed 
by the party abandoning the project for its expenditures 
for research and development under the arrangement 
except to the extent that the Commission determines that 
any such expenditures have resulted in the acquisition 
by the Government of property, patents, or other value ; 
And provided further, That waiver of use charges by the 
Commission may not extend beyond ten years after ini- 
tial criticality of the reactor. 455 

[Sec. 111. The Commission is authorized to enter into 
cooperative arrangements with any person or persons for 
participation in the development, construction and oper- 
ation of the experimental low-temperature process heat 
reactor authorized under project 60-e-14 of section 101 
(e) of this Act, and the utilization of the steam generated 
by the reactor plant. Under such arrangements — 

(1) the Commission is authorized to obtain the 
participation of such person or persons to the fullest 
extent consistent with the Commission's direction of 
the project and ownership of the reactor; 

(2) the reactor plant may be constructed upon a 
site provided by a participating party with or with- 
out compensation ; 

(3) the reactor plant shall be operated by, or under 
contract with, the Commission, for such period of 
time as the Commission determines to be advisable 
for research and development purposes and for such 
additional period as the Commission may determine 
to be necessary in the best interest of the Govern- 
ment. Upon the expiration of such period, the 
Commission may offer the reactor plant and its ap- 
purtenances for sale to a participating party or 
parties at a price to reflect appropriate depreciation, 
but not to include construction costs assignable to re- 
search and development, or the Commission may dis- 
mantle the reactor plant and its appurtenances: 

(4) the Commission may sell steam to a partici- 
pating party at rates based upon the present cost of, 
or the projected cost of, comparable steam from a 
plant using conventional fuels at the reactor loca- 
tion; and 

(5) any steam sold shall be used for industrial, 
manufacturing or other commercial purposes, or for 



« b Public Law 91-273 (84 Stat. 299) (1970), subsec. 105(a), added 
the second proviso. 



179 

research and development related thereto, but shall 
not be used for the generation of electric power for 
sale. The participating party or parties shall pro- 
vide facilities required for such utilization of the 
steam generated by the nuclear plant.] 46 
Sec. 112. In the event the Commission constructs a 
power reactor under the authorization of project G0-e-15 
of section 101 or subsection 110(e) of this Act at an in- 
stallation operated by or on behalf of the Commission — 

(a) the electric energy generated may be used by 
the Commission in connection with the operation 
of such installation and the Commission is author- 
ized to make necessary adjustments in its contract 
with the power supplier at such installation to pro- 
vide for the interchange of reactor generated power 
into the transmission system of the supplier; 

(b) the Commission is authorized to obtain the 
participation of private, cooperative, or public or- 
ganizations to the fullest extent consistent with the 
Commission direction of the project, ownership of 
the reactor, and utilization of the electric energy 
generated; and 

(c) the power reactor constructed shall be operated 
by, or under contract with, the Commission, for such 
period of time as the Commission determines to be 
advisable for research and development purposes 
and for such additional period as the Commission 
may determine to be necessary in the best interest of 
the Government. Upon the expiration of such 
period the Commission may offer the reactor and 
its appurtenances for sale to any public, private, or 
cooperative power organization at a price to reflect 
appropriate depreciation but not to include con- 
struction costs assignable to research and develop- 
ment, or the Commission may dismantle the reactor 
and its appurtenances. 

Sec. 113. Design and Engineering Studies. — The 
Commission shall proceed with design and engineering 
studies to include, but not be limited to, the following : 

(a) prototype reactor for nuclear tankers; 

(b) reactor for remote military installations; and 

(c) other reactor types. 
The Commission shall submit reports on the studies ^PJJ* fl *° 

under (a) and (b) of this section to the Joint Commit- 
tee on Atomic Energy by April 1, 1960. 

Sec. 114. Subsection 153(h) of the Atomic Energy Act 
of 1954, as amended, is amended by striking out the date 
"September 1, 1959" and inserting in lieu thereof the 
date "September 1, 1964". 

Approved June 23, 1959. 



Congress. 



*• Spc. Ill of Public Law 86-50 rescinded by sec. 108(b) of Public 
Law 87-701 (76 Stat. 599) (1962). 



180 

Index to Legislative History of Public Law 86-50 

( Page references are to the Congressional Record, 86th Cong., 1st sess. ) 

S. 1194 introduced by Senator Anderson (by request) and referred 
to Joint Committee on Atomic Energy. February 26, 1959, 2978, 
3040-3041. 

Hearings: Subcommittee on Legislation, February 7 and 27; March 
23, 24, 25 ; April 13, 14, 15 ; and May 8, 1959. Published under title 
of AEC authorizing legislation, fiscal year 1960. 

S. 2904 introduced by Senator Anderson and referred to Joint Com- 
mittee on Atomic Energy. As "clean bill," S. 2094 superseded 
S. 1194 and incorporated provisions of S. 1652 (H.R. 5864) as sec- 
tion 114 of bill. June 2, 1959, 9514. 

Reported (S. Kept. 386). June 11, 1959, 10462. 

Passed Senate by voice vote. Passed House (suspension of rules) in 
lieu of H.R. 7537. June 15, 1959, 10753 ; 10822. 

Examined and signed ; presented to President. June 17, 1959, 11007, 
11149, 11104. 

Approved (Public 86-50) June 23, 1959. Senate notified of ap- 
proval, June 24, 1959, 11693. 

Companion Bill — H.R. 7537 

H.R. 5106 introduced by Mr. Durham (by request) and referred to 
Joint Committee on Atomic Energy. March 2, 1959, 3177. 

H.R. 7537 introduced by Mr. Durham as "clean bill" and referred to 
Joint Committee on Atomic Energy. June 3, 1959, 9756. 

Reported in the House (H. Rept. 529) and to Committee of the Whole 
House on the State of the Union. June 19, 1959, 10443. 

Laid on the table. S. 2094 passed in lieu. June 15, 1959, 10829. 



PUBLIC LAW 86-457 (AEC AUTHORIZATION 
. ACT FOR FISCAL YEAR 1981) 

[86th Congress, H.R. 11713] 

[May 13, 1960] 

AN ACT 

To authorize appropriations for the Atomic Energy Commission in 
accordance with section 261 of the Atomic Energy Act of 1954, 
as amended, and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assem- 
bled. 

Sec. 101. Plant or Facility Acquisition or Con- 
struction. — There is hereby authorized to be appropri- 
Atomic Energy a ^ e( ^ to the Atomic Energy Commission in accordance 
Commission ' with the provisions of section 261a. (1) of the Atomic 
7i s r ta P t H 274° ns ' energy Act of 1954, as amended, the sum of $338,476,- 



181 

000 47 for acquisition or condemnation of any real prop- 
erty or any facility or for plant or facility acquisition, 
construction, or expansion as follows: 

(a) Special nuclear materials. — 

Project 61-a-l, modifications to production and sup- 
porting installations, $10,000,000. 

Project 61-a-2, billet production plant, $1,800,000. . 

Project 61-a-3, heat treatment and inspection modifi- 
cations, Fernald, Ohio, $2,500,000. 

Project 61-a-4, development laboratory building, Oak 
Ridge, Tennessee, $766,000. 

Project 61-a-5, plutonium reclamation plant, Han- 
ford, Washington, $2,900,000. 

Project 61-a-6, moderator purification improvements, 
Savannah River, South Carolina, $2,500,000. 

(b) Atomic weapons. — 

Project 61-b-l, weapons production, development, and 
test installations, $10,000,000. 

[Project 61-b-2, high-velocity test track, Sandia Base, 
New Mexico, $2,100,000] 48 

Project 61-b-3, special metals fabrication plant, $3,- 
000,000. 

(c) Atomic weapons. — 

Project 61-c-l, contaminated waste plant, Los Alamos, 
New Mexico, $2,000,000. 

(d) Reactor development. — 

Project 61-d-l, additions and modifications to Chemi- 
cal Engineering Building, Argonne National Laboratory, 
Illinois, $2,000,000. 

Project 61-d-2, special purpose test installation addi- 
tion, Santa Susana, California, $1,200,000. 

Project 61-d-3, technical space for SPERT, National 
Reactor Testing Station, Idaho, $500,000. 

Project 61-d^£, critical building, Brookhaven National 
Laboratory, New York, $600,000. 

Project 61-d-5, fast reactor core test installation, Los 
Alamos Scientific Laboratory, New Mexico, $6,900,000. 

Project 61-d-6, plutonium fuel service and develop- 
ment building, Los Alamos Scientific Laboratory, New 
Mexico. $600,000. 

Project 61-d-T, test installation for Project Rover, 
$20,000,000. 

Project 61-d-8, test installation for Project Pluto, 
$15,000,000. 

Project 61-d-9. advanced test reactor, $40,000,000. 49 

Project 61-d-10, power reactor plants for the Antarc- 
tic, $13,000,000. 

*' This figure was amended by Public Law 87-315 (75 Stat. 676) (1961). 
Prior to amendment it was : $211,476,000. 

« Public Law S7-315 (75 Stat. 676) (1961). sec. 108(a), rescinded 
authorization for project 61-D-2 except for funds theretofore obligated. 

* 9 Public Law 87-315 (75 Stat. 676) (1961), sec. 107(c), amended tbe 
authorization for project 61-d-9. Prior to amendment, it was $24,000,000. 



182 

(e) Re actor development. — 

Projecet 61-e-l, additions and modifications, MTR 
ETR area, National Reactor Testing Station, Idaho 
$800,000. 

Project 61-e-2, site utilities, Brookhaven National 
Laboratory, New York, $1,250,000. _ 

Project 61-e-3, quarters for visiting scientists, Brook- 
haven National Laboratory, New York, $550,000. 

(f) Physical research. — 

Project 61-f-l, bubble chamber house, Brookhaven 
National Laboratory, New York, $1,600,000. 

Project 61-f-2, Princeton-Pennsylvania accelerator 
addition, Princeton, New Jersey, $10,820,000. 

Project 61-f-3, accelerator and reactor additions and 
modifications, Brookhaven National Laboratory, New 
York, $1,085,000. 

Project 61-r-4, high flux isotope reactor, Oak Ridge 
National Laboratory, Tennessee, $12,000,000. 

Project 61-f-5, accelerator improvements, Lawrence 
Radiation Laboratory, California, $500,000. 

Project 61-f-6, major bevatron improvements, Law- 
rence Radiation Laboratory, California, $9,600,000. 

Project 61-f-7, linear electron accelerator, $114,000,- 
000. 50 

[Project 61-f-8, materials research laboratory, Uni- 
versity of Illinois, $5,600,000.] 51 

Project 61-f-9, radiation laboratory, University of 
Notre Dame, $2,200,000. 

(g) Physical research. — 

Project 61-g-l, metallurgy building extension, Brook- 
haven National Laboratory, New York, $665,000. 

Project 61-g-2, addition to cyclotron building, Law- 
rence Radiation Laboratory, California, $500,000. 

(h) Biology and medicine. — 

Project 61-h-l, installations for support of biomedical 
research in atomic energy, $5,000,000. 

(i) Community. — 

Project 61-i-l, real estate development, Los Alamos, 
New Mexico, $435,000. 

Project 61-i-2, elementary school addition, Los Ala- 
mos, New Mexico, $145,000. 

Project 61—1—3, steam transmission line, Los Alamos, 
New Mexico, $135,000. 

( j ) General plant projects. — $34,175,000. 

Sec. 102. Limitations. — (a) The Commission is au- 
thorized to start any project set forth in subsections 101 
(a), (b), (d), (f), and (h), only if the currently esti- 
mated cost of that project does not exceed by more than 



B " Project 61-f-7 was amended by Public Law 87-315 (75 Stat. 676) 
(1961), sec. 107(b). Prior to amendment, It read : Project 61-f-7, design 
and engineering, linear electron accelerator, $3,000,000. 

» Public Law 88-332 (78 Stat. 227) (1964). sec. 102(c), rescinded au- 
thorization for this project except for funds theretofore obligated. 



183 

25 per centum the estimated cost set forth for that proj- 
ect. 

(b) The Commission is authorized to start any project 
set forth in subsections 101 (c), (e), (g), and (i), only 
if the currently estimated cost of that project does not 
exceed by more than 10 per centum the estimated cost 
set forth for that project. 

(c) The Commission is authorized to start a project 
under subsection 101 (j) only if it is in accordance with 
the following : 

1. For community operations, the maximum currently 
estimated cost of any project shall be $100,000 and the 
maximum currently estimated cost of any building in- 
cluded in such project shall be $10,000. 

2. For all other programs, the maximum currently 
estimated cost of any project shall be $500,000 and the 
maximum currently estimated cost of any building in- 
cluded in such a project shall be $100,000. 

3. The total cost of all projects undertaken under sub- 
section 101 (j) shall not exceed the estimated cost set 
forth in that subsection by more than 10 per centum. 

Sec. 103. Advance Planning and Design. — There are 
hereby authorized to be appropriated funds for advance 
planning, construction design, and architectural serv- 
ices, in connection with projects which are not other- 
wise authorized by law, and the Atomic Energy Com- 
mission is authorized to use funds currently or otherwise 
available to it for such purposes. 

Sec. 104. Restoration or Replacement. — There are 
hereby authorized to be appropriated funds necessary to 
restore or to replace plants or facilities destroyed or 
otherwise seriously damaged, and the Atomic Energy 
Commission is authorized to use funds currently or other- 
wise available to it for such purposes. 

Sec. 105. Currently Available Funds.- — In addition 
to the sums authorized to be appropriated to the Atomic 
Energy Commission by section 101 of this Act, there are 
hereby authorized to be appropriated to the Atomic 
Energy Commission to accomplish the purposes of this 
Act such sums of money as may be currently available 
to the Atomic Energy Commission. 

Sec. 106. Substitutions. — Funds authorized to be 
appropriated or otherwise made available by this Act 
may be used to start any other new project for which an 
estimate was not included in this Act if it be a substitute 
for a project or portion of a project authorized in sub- 
sections 101 (a), (b), and (c) and the estimated cost 
thereof is within the limit of cost of the project for which 
substitution is to be made, and the Commission certifies 
that — 

(a) the project is essential to the common defense 
and security ; 



184 

(b) the new project is required by changes in 
weapon characteristics or weapon logistic opera- 
tions; and 

(c) it is unable to enter into a contract with any 
person, including a licensee, on terms satisfactory 
to the Commission to furnish from a privately 
owned plant or facility the product or services to be 
provided in the new project. 

70 stat. 128. Sec. 107. Amendment of Prior Year Projects. — (a) 

Section 101(d) of Public Law 84—506, as amended, is 
further amended by striking therefrom "Project 57-d-l, 
high energy accelerator, $27,000,000'' and substituting 
therefor "Project 57-d-l, zero gradient synchrotron, 
Argonne National Laboratory, Illinois, $42,000,000." 

73 stat. 82. ^ p UD Kc Law 86-50 is amended by striking out the 

figure "$5,000,000" for project 60-e-12, alterations to 
Shippingport reactor facilities, and substituting there- 
for the figure "$9,000,000." 

73 stat. si. g Ea 108< p ROJECT Rescissions.— (a) Public Law 86- 

50 is amended by rescinding therefrom authorization for 
a project, except for funds heretofore obligated, as fol- 
lows : 

Project 60-C-2, special processing plant, phase II, 
Mound Laboratory, Ohio, $3,800,000. 

72 stat. 490. ( b ) p ablic Law 85-590, as amended, is further 

amended by rescinding therefrom authorization for 
projects, except for funds heretofore obligated, as fol- 
lows: 

Project 59-b-^r, special processing plant, Mound 
Laboratory, Ohio, $2,000,000. 

Project 59-C-8, lineal acceleration tester, Livermore, 
California, $390,000. 

Project 59-g-3, gamma process development irradia- 
tor, $1,600,000. 
70 stat. 403. ( c ) p u bli c Law 85-162, as amended, is further 

amended by rescinding therefrom authorization for 
projects, except for funds heretofore obligated, as fol- 
lows: 

Project 58-b-5, additions to scrap plants, various sites, 
$1,500,000. 

Project 58-C-2, weapons special component plant, 

70 Stat 127 $ 6 ;° 00 > 00( >- 

(d) Public Law 84-506, as amended, is further 
amended by rescinding therefrom authorization for a 
project except for funds heretofore obligated, as fol- 
lows: 

Project 57-a-7, modifications to existing production 
facilities for increased efficiency and safety, Hanford, 
Washington, $3,000,000. 

73 stat. 8o. g EC 109> Cooperative Power Reactor Demonstra- 

tion Program.— (a) Section 111 of Public Law 85-162, 
as amended, is further amended by striking out the date 



185 

"June 30, 1960," in clause (3) of subsection (a) and in- 
serting in lieu thereof the date " June 30, 1961." 

(b) There is hereby authorized to be appropriated to 
the Atomic Energy Commission the sum of $40,000,000 
to be available, in addition to the funds heretofore au- 
thorized, for carrying out the Commission's power reac- 
tor demonstration program in accordance with the terms 
and conditions provided in Sections 110 and 112 of Pub- 
lic Law 86-50. The maximum amount of the program 73 stat. 84, i 
authorization, specified in subsection 110(b) of Public 

Law 86-50, is increased by $45,000,000. In addition to 
the amount authorized under subsection 110 (c) of Public 
Law 86-50, the Commission is authorized to use funds 
not to exceed $15,000,000 in the aggregate, to provide re- 
search and development assistance in support of unsolic- 
ited proposals from the utility industry to construct 
nuclear powerplants. 

(c) Section 110 of Public Law 86-50 is amended by 73 stat - 85 - 
deleting the word "two" in the first sentence of subsec- 
tion (d). 

Sec. 110. Cooperative Research and Development 
Program With Caxada. — There is hereby authorized to 
be appropriated to the Commission, in accordance with 
the provisions of section 261(a)(2) of the Atomic 
Energy Act of 1954, as amended, the sum of $5,000,000 
for use in a cooperative program of research and de- 
velopment in connection with heavy water moderated 
nuclear powerplants to be conducted under the Agree- 
ment for Cooperation Concerning Civil Uses of Atomic 
Energy Between the Government of the United States 
of America and the Government of Canada, signed on 
the 15th day of June 1955, as now or hereafter modified. 6 ust 2595. 

Sec. 111. Design and Engineering Studies. — The 
Commission is authorized within its discretion to proceed 
with design and engineering studies to include, but not 
be limited to, the following : 

(a) Facilities for food irradiation ; 

(b) Power reactor of steam-cooled type. 

The Commission may submit reports on studies under Reports, 
this section to the Joint Committee on Atomic Energy 
by April 1, 1961. 

Approved May 13, 1960. 



Index to the Legislative History of Public Law 86-457 
(Page references are to the daily editions of the Congressional Record) 

H.R. 10636 introduced by Air. Durham (by request) and referred to 
the Joint Committee on Atomic Energy. February 25, 1960, 3184. 

Hearings: Subcommittee on Legislation. March 8, 10, 11; April 5, 6, 
and 7, 1960. Published under title of "AEC Authorizing Legisla- 
tion Fiscal Year 1961." 

G5-234— 76 13 



186 

AEC letter forwarding proposed amendments to H.R. 10656 received 
in the House and referred to the Joint Committee on Atomic 
Energy. April 4, 1960, 6710. 

H.R. 11713 introduced by Mr. Durham and referred to Joint Com- 
mittee on Atomic Energy. April 12, 1960, 7404. 

Reported (H.Rept. 1525). April 19, 1960, 7708. 

Considered under "Open Rule" (H. Res. 513— H. Rept. 1559). May 
5, 1960, 8909-8910. 

Considered and passed in House by rollcall vote of 321 yeas — 2 nays; 
109 not voting. May 6, 1960, 9037-9056. 

Senate notified of House passage. Bill read twice and ordered placed 
on the Senate Calendar. May 9, 1960, 9069. 

Passed in Senate in lieu of S. 3387. May 10, 1960, 9124, 9129-9140. 

Examined and signed. Presented to the President. May 11, 1960, 
9259, 9378. 

Approved by the President on May 13, 1960. Public Law 86-457. 

Companion Bill— S. 3387 

S. 3084 introduced by Senator Anderson (by request) and referred 

to Joint Committee on Atomic Energy. February 23, 1960, 2888 

and 2902 (remarks by Senator Anderson). 
Hearings : As listed above. 
AEC letter forwarding proposed amendments to S. 3084 received in 

Senate and referred to Joint Committee on xltomic Energy. April 4, 

1960, 6714. 
S. 3387 introduced and reported by Senator Anderson (S. Rept. 1277). 

April 19, 1960, 7538-7539 (clean bill superseding S. 3804). 
Considered in Senate. H.R. 11713 passed in lieu of S. 3387 and 

S. 3387 postponed indefinitely. May 10, 1960. 



PUBLIC LAW 87-315 (AEC AUTHORIZATION 
ACT FOR FISCAL YEAR 1962) 

[87th Congress, H.R. 7576] 

[September 26, 1961] 

AN ACT 

To authorize appropriations for the Atomic Energy Commission 
in accordance with section 261 of the Atomic Energy Act of 
1954, as amended and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress 
assembled, 
com^fsSSn 1 ^ Sec. 101. Plant or Facility Acquisition or Con- 
appropriation. struction. — There is hereby authorized to be appropri- 
property t °etc. f a ^ed to the Atomic Energy Commission in accordance 
with the provisions of section 261a (1) of the Atomic 
Energy Act of 1954, as amended, the sums of $226,440,000 



187 

for acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construc- 
tion, or expansion, as follows : 

(a) Special Nuclear Materials. — 

Project 62-a-l, modifications to production and sup- 
porting installations, $7,500,000. 

Project 62-a-2, fission product recovery, phase II, 
Hanford, Washington, $1,500,000. 

Project 62-a-3, modifications for improved natural 
fuel elements, Savannah River, South Carolina, $3,950,- 
000. 

[Project 62-a-4, solvent purification installation, Sa- 
vannah River, South Carolina, $500,000.] 52 

Project 62-a-5, additional reactor confinement, Savan- 
nah River, South Carolina, $12,000,000. 53 

(b) Special Nuclear Materials. — 

Project 62-b-l, relocation of Clinch River pumping 
station, Oak Ridge, Tennessee, $1,425,000. 

Project 62-b-2, feed vaporization building, Paducah, 
Kentucky, $585,000. 

Project 62-b-3, permanent Gallaher Bridge, Oak 
Ridge, Tennessee, $1,265,000. 

(c) Atomic Weapons. — 

Project 62-c-l, weapons production, development, and 
test installations, $15,000,000. 54 

Project 62-C-2, specialized plant addition and modifi- 
cation, Oak Ridge, Tennessee, $3,500,000. 

Project 62-C-3, Tandem Van de Graaff facility, Los 
Alamos, New Mexico, $3,500,000. 

(d) Reactor Development. — 

Project 62-d-l, test plant for Project SNAP, Santa 
Susana, California, $3,375,000. 

Project 62-d-2, experimental beryllium oxide reactor, 
National Reactor Testing Station, Idaho, $8,000,000. 

Project 62-d-3, fuels recycle pilot plant, Hanford, 
Washington, $5,000,000. 

Project 62-d-4, high radiation level analytical labora- 
tory, Oak Ridge National Laboratory, Tennessee, 
$2,000,000. 

Project 62-d-5, improvements to radioactive liquid 
waste system, Oak Ridge National Laboratory, Ten- 
nessee, $1,700,000. 

Project 62-d-6, experimental organic cooled reactor 
loops, National Reactor Testing Station, Idaho, 
$6,000,000. 

Project 62-d-7, ultrahigh temperature reactor experi- 
ment building, Los Alamos Scientific Laboratory, New 
Mexico, $3,500,000. 



52 Public Law 88-332 (78 Stat. 227) (1064), sec. 102(d), rescinded au- 
thorization for this project, except for funds theretofore obligated. 

M Amended by Public Law 87-701 (70 Stat. 599) (1962). Prior to 
amendment, figure was $3,000,000. 

w Amended by Public Law 87-701 (76 Stat. 599) (1962). Prior to 
amendment, figure was $7,500,000. 



188 

(e) Reactor Development. — 

Project 62-e-l, additional transient housing, Argonne 
National Laboratory, Illinois, $300,000. _ 

Project 62-e-2, technical services building, National 
Reactor Testing Station, Idaho, $1,500,000. 

Project 62-e-3, instrumentation and health physics 
building, Brookhaven National Laboratory, New York 
$2,000,000. 

(f) Pysical Research. — 

Project 62-f-l, modifications to CP-5 reactor and low 
energy accelerator installations, Argonne National Labo- 
ratory, Illinois, $1,650,000. 

Project 62-f-2, accelerator and reactor additions and 
modifications, Brookhaven National Laboratory, New 
York, $1,875,000. 

Project 62-f-3, accelerator improvements, Cambridge 
and Princeton accelerators, $500,000. 

Project 62-f-4, accelerator improvements, Lawrence 
Radiation Laboratory, California, $550,000. 

(g) Physical Research. — 

Project 62-g-l, high energy physics laboratory, 
Argonne National Laboratory, Illinois, $6,900,000. 

Project 62-g-2, chemistry laboratory, Brookhaven Na- 
tional Laboratory, New York, $6,000,000. 

Project 62-g-3, cosmotron laboratory addition, Brook- 
haven National Laboratory, New York, $525,000. 

Project 62-g-4, mechanical shops building, Lawrence 
Radiation Laboratory, California, $2,640,000. 

Project 62-g-5, physics building, University of 
Chicago, Illinois, $800,000. 

(h) Biology and Medicine. — 

Project 62-h-l, laboratory for mixed fission product 
inhalation studies, Lovelace Foundation, Albuquerque, 
New Mexico, $2,000,000. 

(i) Biology and Medicine. — 

Project 62-i-l, cell physiology laboratories, Oak 
Ridge National Laboratory, Tennessee, $500,000. 

Project 62-i-2, mammalian genetics laboratories, Oak 
Ridge National Laboratory, Tennessee, $760,000. 

Project 62-i-3, controlled environment laboratory, 
Brookhaven National Laboratory, New York, $1,800,- 
000. 55 

Project 62-i-4, animal bioradiological laboratory, 
Lawrence Radiation Laboratory, California, $980,000. 56 

(j) Community. — 

Project 62-j-l, additional junior high school construc- 
tion, Los Alamos, New Mexico, $1,750,000. 

Project 62-J-2, additional elementary school construc- 
tion, Los Alamos, New Mexico, $700,000. 



55 Amended by Public Law 87-701 (76 Stat. 599) (1962). Prior to 
amendment, figure was $1,000,000. „«.«» ^ . 

58 Amended by Public Law 87-701 (76 Stat 599) (1962). Prior to 
amendment, figure was $700,000. 



189 

Project 62-J-3, Mesa public library addition, Los Ala- 
mos, New Mexico, $70,000. 

Project 62- j -4, real estate development, Los Alamos, 
County, New Mexico, $410,000. 

(k) General Plant Projects.— $34,510,000. 

Sec. 102. Limitations. — (a) The Commission is au- 
thorized to start any project set forth in subsections 101 
(a), (c), (d), (f), and (h), only if the currently esti- 
mated cost of that project does not exceed by more than 
25 per centum the estimated cost set forth for that 
project. 

(b) The Commission is authorized to start any proj- 
ect set forth in subsections 101 (b), (e), (g), (i), and 
(j), only if the currently estimated cost of that project 
does not exceed by more than 10 per centum the esti- 
mated cost set forth for that period. 

(c) The Commission is authorized to start a project 
under subsection 101 (k) only if it is in accordance with 
the following : 

1. For community operations, the maximum cur- 
rently estimated cost of any project shall be $100,000 
and the maximum currently estimated cost of any 
building included in such project shall be $10,000. 

2. For all other programs, the maximum currently 
estimated cost of any project shall be $500,000 and 
the maximum currently estimated cost of any build- 
ing included in such a project shall be $100,000. 

3. The total cost of all projects undertaken under 
subsection 101 (k) shall not exceed the estimated cost 
set forth in that subsection by more than 10 per 
centum. 

Sec. 103. Advance Planning and Design. — There are 
hereby authorized to be appropriated funds for advance 
planning, construction design, and architectural services, 
in connection with projects which are not otherwise 
authorized by law, and the Atomic Energy Commission 
is authorized to use funds currently or otherwise avail- 
able to it for such purposes. 

Sec. 104. Restoration or Replacement. — There are 
hereby authorized to be appropriated funds necessary to 
restore or to replace plants or facilities destroyed or 
otherwise seriously damaged, and the Atomic Energy 
Commission is authorized to use funds currently or other- 
wise available to it for such purposes. 

Sec. 105. Currently Available Funds. — In addition 
to the sums authorized to be appropriated to the Atomic 
Energy Commission by section 101 of this Act, there 
are hereby authorized to be appropriated to the Atomic 
Energy Commission to accomplish the purposes of this 
Act such sums of money as may be currently available 
to the Atomic Energy Commission. 

Sec. 106. Substitutions. — Funds authorized to be ap- 
propriated or otherwise made available by this Act may 



74 Stat. 121. 



74 Stat. 120. 



190 

be used to start any other new project for which an esti- 
mate was not included in this Act if it be a substitute for 
a project or portion of a project authorized in subsections 
101 (a), (b), and (c) and the estimated cost thereof is 
within the limit of cost of the project for which substitu- 
tion is to be made, and the Commission certifies that — 

(a) the project is essential to the common defense 
and security ; 

(b) the new project is required by changes in 
weapon characteristics or weapon logistic opera- 
tions; and 

(c) it is unable to enter into a contract with any 
person, including a licensee, on terms satisfactory to 
the Commission to furnish from a privately owned 
plant or facility the product or services to be pro- 
vided in the new project. 

74 stat. 120. g Ea ^07. Amendment of Prior Year Acts. — (a) Sec- 

tion 101 of Public Law 86-457 is amended by striking 
therefrom the figure "$211,476,000" and substituting 
therefor the figure "$338,476,000". 

(b) Section 101(f) of Public Law 86-457 is amended 
by striking therefrom "Project 61-f-7, design and engi- 
neering, linear electron accelerator, $3,000,000" and sub- 
stituting therefor "Project 61-f-7, linear electron ac- 
celerator, $114,000,000". 

(c) Section 101(d) of Public Law 86-457 is amended 
by striking therefrom the figure "$24,000,000" for project 
61-d-9, advanced test reactor, and substituting therefor 
the figure "$40,000,000". 

Sec. 108. Project Kecissions. — (a) Public Law 86- 
457 is amended by rescinding therefrom authorization for 
a project, except for funds heretofore obligated, as 
follows - 
74 stat. 120. Project 61-b-2, high-velocity test track, Sandia Base, 

New Mexico, $2,100,000. 

(b) Public Law 86-50, as amended, is further amended 
by rescinding therefrom authorization for projects, ex- 
cept for funds heretofore obligated, as follows : 

Project 60-a-2, prototype installations, gaseous diffu- 
sion plants, $1,000,000. 

Project 60-b-l, cylinder storage area, Paducah, Ken- 
tucky,' $500,000. 

(c) Public Law 85-590, as amended, is further amend- 
ed by rescinding therefrom authorization for projects, 
except for funds heretofore obligated, as follows : 

Project 59-C-9, test assembly building, $510,000. 

Project 59-d-l, reprocessing pilot plant, Oak Ridge 
National Laboratory, Tennessee, $3,500,000. 

Project 59-d-3, fast reactor safety testing station, Ne- 
vada test site, $1,367,000. 

(d) Public Law 85-162, as amended, is further amend- 
ed by rescinding therefrom authorization for a project, 
except for funds heretofore obligated, as follows : 



71 Stat. 403. 



191 

Project 58-b-G, additions to gaseous diffusion plants, 
$6,600,000. 

'(e) Public Law 84-506, as amended, is further amend- 70 stat 127 - 
ed by rescinding therefrom authorization for projects, 
except for funds heretofore obligated, as follows: 

Project 57-a-6, charging and discharging system, Han- 
ford, Washington, $3,450,000. 

Sec. 109. Cooperative Power Reactor Demonstration 
Program. — 

(a) Section 111 of Public Law 85-162, as amended, is 7* stat. 123. 
further amended by striking out the date "June 30, 

1961," in clause (3) of subsection (a) and inserting in 
lieu thereof the date "June 30, 1962." 

(b) There is hereby authorized to be appropriated to 
the Atomic Energy Commission the sum of $7,000,000 to 
be available, in addition to the funds heretofore author- 
ized, for carrying out the Commission's power reactor 
demonstration program in accordance with the terms 

and conditions provided in sections 110 and 112 of Pub- 73 stat. 84, 8< 
lie Law 80-50. The maximum amount of the program 
authorization, specified in subsection 110(b) of Public 
Law 86-50 and section 109 of Public Law 86^57, is in- 74 stat 12 3. 
creased by $12,000,000. In addition to the amounts au- 
thorized under subsection 110(c) of Public Law 86-50 
and section 109 of Public Law 86-457, the Commission 
is authorized to use funds not to exceed $7,000,000 in the 
aggregate, to provide research and development assist- 
ance in support of unsolicited proposals from the utility 
industry to construct nuclear power plants. 

(c) Funds appropriated to the Commission pursuant 
to the authorization contained in subsections (b) and 
(d) of section 110 of Public Law 86-50 shall be available 
to the Commission, notwithstanding the provisions of 
section 111(f) of Public Law 85-162, for a cooperative 
arrangement in accordance with the basis for an agree- 
ment described in the program justification data for ar- 
rangement numbered 60-110-2, a cooperative power re- 
actor project designated as the LaCrosse boiling water 
reactor. 

Sec. 110. Disposition of Electric Energy. — 

(a) Electric energy produced during the operating 
life of the electric ^enemting facilities constructed under 
section 101(a) shall be delivered by the Commission at 
the site of said generating facilities to, and pursuant to 
agreement with, the Secretary of the Interior who shall 
transmit and dispose of such energy under the terms pre- 
scribed by section 44 of the Atomic Energy Act of 1954, 
as amended. 

(b) Allocation of costs to the production of such elec- 
tric energy shall be made jointly by the Commission and 
the Secretary of the Interior, and, in the event of dis- 
agreement, shall be made by the President. Costs so 



192 

allocated shall be returned to the Treasury from revenue 
derived by the Secretary from the disposition of electric 
energy marketed through the Bonneville Power Admin- 
istration. 

Approved September 26, 1961. Public Law 87-315. 



Index to Legislative History of Public Law 87-315 (H.E. 7576) 

(Page references are to the daily editions of the Congressional Record, 
87th Cong., 1st sess.) 

H.R. 6744 introduced on May 2, 1961, by Mr. Holifield (by request) 
and referred to the Joint Committee on Atomic Energy. 

Hearings: Subcommittee on Legislation, May 1, 2, 3, 4, 10, 17, 18, 19 
and June 6, 1961. Published under title of "AEC Authorizing 
Legislation Fiscal Year 1962." 

H.R. 7576 introduced by Mr. Holifield on June 8, 1961. H.R. 7576 
was a clean bill, superseding H.R. 6744. 

H.R. 7576 reported June 21, 1961 (H. Rept. 562) . 

Considered by Committee of the Whole House pursuant to H. Res. 
362 on July 13, 1961, 11554-83. Electrical generating facilities for 
the Hanford new production reactor deleted by teller vote of 176- 
140. Bill passed by House on voice vote July 13, 1961. 

Senate notified of House passage. Bill placed on Senate Calendar 
July 14, 1961. 

Bill debated by the Senate and passed on July 18, 1961. Senate 
amended House bill by inserting the text of S. 2043 including the 
electrical generating facilities for the Hanford new production re- 
actor and facility for research into nuclear applications in the coal 
industry, 11919-29; 11932-55. 

Unanimous consent requested by Mr. Holifield to take H.R. 7576 from 
Speaker's desk and request conference. Objection offered by Mr. 
Halleck July 25, 1961, 12411. 

H. Res. 404 providing for sending H.R. 7576 to conference passed by 
House. House also voted to instruct conferees not to recede from 
disagreement with Senate on electrical generating facilities for 
Hanford new production reactor by rollcall vote of 235-164. 
August 8, 1961, 13896-908. 

Conference agreed to by Senate August 15, 1961, 14855. 

Conference report submitted to House (H. Rept. 1101) August 31, 
1961, 16728-32. 

Conference report submitted to Senate and agreed to by Senate 
September 5, 1961, by voice vote, 16925-28. Conference report as 
passed by Senate included $58,000,000 for electrical generating fa- 
cilities for Hanford new production reactor and $5,000,000 research 
item for nuclear applications in the coal industry. 

Conference report rejected by House on rollcall vote of 251-155, Sep- 
tember 13, 1961, 18036-44. 

Senate recedes from its disagreement with House, September 15, 1961, 
18471. 

H.R. 7576 examined and signed by President of Senate September 18, 
1961, 18705. 



193 

H.R. 7576 examined and signed by Speaker of the House September 

18, 1961, 18928. 
Presented to the President September 19, 1961. 
Approved by the President on September 26, 1961. Public Law 

87-315. 

Companion Bill — S. 2043 

S. 1774 introduced by Senator Pastore May 2, 1961 (by request) and 
referred to the Joint Committee on Atomic Energy. 

Hearings : As listed above. 

S. 2043 introduced by Senator Pastore on June 8, 1961. (Clean bill 
superseded S. 1774) . 

Considered in Senate. H.R. 7576 passed in lieu of S. 2043 and S. 2043 
postponed indefinitely. July 18, 1961, 11919-29; 11932-55. 

PUBLIC LAW 87-701 (AEC AUTHORIZATION 
ACT FOR FISCAL YEAR 1963) 

[87th Congress, H.R. 11974] 

[September 26, 1962] 



AN ACT 

To authorize appropriations for the Atomic Energy Commission 
in accordance with section 261 of the Atomic Energy Act of 
1954, as amended, and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress 
assembled, 

Sec. 101. Plant or Facility Acquisition or Con- 
struction. — There is hereby authorized to be appropri- 
ated to the Atomic Energy Commission in accordance 
with the provisions of section 261(a) (1) of the Atomic 
Energy Act of 1954, as amended, the sum of $159,415,000 
for acquisition or condemnation of any real property or 
any facility or for plant or facility acquisition, construc- 
tion, or expansion, as follows : 

(a) Special Nuclear Materials. — 

Project 63-a-l, modifications to production and sup- 
porting installations, $5,000,000. 

Project 63-a-2, modifications to facilities for conver- 
sion of UNH to UF 4 , $1,450,000. 

Project 63-a-3, radioactive waste disposal facilities, 
Hanford, Washington, $3,700,000. 

(b) Special Nuclear Materials. — 

Project 63-b-l, consolidated service facility, Hanford, 
Washington, $955,000. 

Project 63-b-2, additional high level waste storage 
tanks, Savannah River, South Carolina, $6,000,000. 

Project 63-b-3, health physics headquarters addition. 
Savannah River, South Carolina, $1,000,000. 



Atomic Energy 

Commission 

appropriation, 

acquisition, 

etc., of 

property. 



194 

[Project 63-b-4, emergency duty personnel shelters, 
various sites, $4,000,000.] 57 

(c) Atomic Weapons. — 

Project 63-c-l, weapons production, development, and 
test installations, $10,000,000. 

Project 63-C-2, addition to special metallurgical facil- 
ity, Mound Laboratory Miamisburg, Ohio, $540,000. 

Project 63-C-3, production plant addition, Mound 
Laboratory, Miamisburg, Ohio, $300,000. 

Project 63-C-4, hydraulic centrifuge installation, 
Sandia Base, New Mexico, $700,000. 

Project 63-C-5, specialized plant additions and 
modifications, phase II, Oak Ridge, Tennessee, 
$2,200,000. 

Project G3-C-6, pulsed power research facility, Law- 
rence Radiation Laboratory, California, $1,950,000. 

Project 63-C-7, gamma irradiation facility, Sandia 
Base, New Mexico, $650,000. 

Project 63-C-8, dynamic test complex, Lawrence 
Radiation Laboratory, California, $265,000. 

Project 63-C-9, nondestructive test facility, Oak Ridge, 
Tennessee, $510,000. 

Project 63-c-lO, processing facilities, Rocky Flats, 
Colorado, $3,000,000. 

(cl) Atomic Weapons. — 

Project 63-d-l, terminal facilities — 115 kilovolt power 
line, Los Alamos Scientific Laboratory, New Mexico, 
$1,950,000. 

Project 63-d-2, environmental control facilities, phase 
III, Kansas City, Missouri, $1,200,000. 

Project 63-d-3, engineering building addition, Law- 
rence Radiation Laboratory, California, $4,000,000. 

Project 63-d^r, model shop addition (Sandia), Liver- 
more, California, $820,000. 

Project 63-d-5, engineering model shop, Kansas City, 
Missouri, $1,000,000. 

Project 63-d-6, improvement of United States High- 
way 95 — Las Vegas, Nevada, to the Nevada test site, 
$9,000,000. 

(e) Reactor Development. — 

Project 63-e-l, housing for lithium cooled reactor ex- 
periment, $5,000,000. 

Project 63-e-2, modifications to reactors, $5,000,000. 

[Project 63-e-3, organic reactor project, $20,000,000.] 58 

Project 63-e^r, research and development test plants 
for Project Rover, $10,000,000. 

Project 63-e-5, modifications and additions, CANEL, 
Middletown, Connecticut, $1,400,000. 



st Public Law 89-32 (79 Stat. 120) (1965), sec. 108(a), rescincW au- 
thorization for this project, except for funds theretofore obligated. 

58 Public Law 88-332 (78 Stat. 227) (1964), sec. 102(e), rescinded au- 
thorization for projects 63-e-3 and 63-J-3, except for funds theretofore 
obligated. 



195 

(f) Reactor Development. — 

Project 63-f-lj cafeteria, Argonne National Labora- 
tory, Illinois, $1,500,000. 

(g) Physical Research. — 

Project 63-g-l, accelerator improvements, Lawrence 
Radiation Laboratory, California, $750,000. 

Project 63-g-2, accelerator improvements, Cambridge 
and Princeton accelerators, $800,000. 

Project 63-g-3, accelerator improvements, Argonne 
National Laboratory, Illinois, $500,000. 

Project 63-g-4, accelerator and reactor additions and 
modifications, Brookhaven National Laboratory, New 
York, $2,250,000. 

(h) Physical Research. — 

Project 63-h-l, low level radiochemistry laboratory, 
Hanford, Washington, $1,200,000. 

Project 63-h-2, inorganic materials laboratory, Law- 
rence Radiation Laboratory, California, $2,500,000. 

Project 63-h-3, corporation yard, Lawrence Radiation 
Laboratory, California, $1,500,000. 

Project 63-h-4, mathematics and computer building, 
Argonne National Laboratory, Illinois, $2,300,000. 

Project 63-h-5, building addition for physics and 
mathematics, Brookhaven National Laboratory, New 
York, $5,000,000. 

Project 63-h-6, water treatment plant, Brookhaven 
National Laboratory, New York, $1,000,000. 

(i) Biology and Medicine. — 

Project 63-i-l, biological research laboratory addi- 
tions, Oak Ridge National Laboratory, Tennessee, 
$930,000. 

(j) Isotopes Development. — 

Project 63-j-l, isotopes technology laboratory, Oak 
Ridge National Laboratory, Tennessee, $390,000. 

Project 63-J-2, marine products development irradi- 
ator, $600,000. 

[Project 63-J-3, two mobile irradiators, $700,000.] 59 

( k ) Community. — ■ 

Project 63-k-l, White Rock Elementary School, Los 
Alamos, New Mexico, $600,000. 

Project 63-k-2, real estate development, Los Alamos, 
New Mexico, $600,000. 

Project 63-k-3, additional water well, Los Alamos, 
New Mexico, $165,000. 

(1) General Plant Projects.— $34,540,000. 

Sec. 102. Limitations. — (a) The Commission is au- 
thorized to start any project set forth in subsections 101 
(a), (c), (e), and (g), only if the currently estimated 
cost of that project does not exceed by more than 25 
per centum the estimated cost set forth for that project. 

59 See footnote 58, supra. 



196 

(b) The Commission is authorized to start any project 
set forth in subsections 101 (b), (d), (f), (h), (i), (j), 
and (k), only if the currently estimated cost of that 
project does not exceed by more than 10 per centum the 
estimated cost set forth for that project. 

(c) The Commission is authorized to start a project 
under subsection 101(1) only if it is in accordance with 
the following: 

1. For community operations, the maximum cur- 
rently estimated cost of any project shall be $100,000 
and the maximum currently estimated cost of any 
building included in such project shall be $10,000. 

2. For all other programs, the maximum currently 
estimated cost of any project shall be $500,000 and 
the maximum currently estimated cost of any build- 
ing included in such a project shall be $100,000. 

3. The total cost of all projects undertaken under 
subsection 101(1) shall not exced the estimated cost 
set forth in that subsection by more than 10 per 
centum. 

Sec. 103. Advanced Planning and Design. — There 
are hereby authorized to be appropriated funds for ad- 
vance planning, construction design, and architectural 
services, in connection with projects which are not other- 
wise authorized by law, and the Atomic Energy Com- 
mission is authorized to use funds currently or otherwise 
available to it for such purposes. 

Sec. 104. Restoration or Replacement. — There are 
hereby authorized to be appropriated funds necessary to 
restore or to replace plants or facilities destroyed or 
otherwise seriously damaged, and the Atomic Energy 
Commission is authorized to use funds currently or other- 
wise available to it for such purposes. 

Sec. 105. Currently Available Funds. — In addition 
to the sums authorized to be appropriated to the Atomic 
Energy Commission by section 101 of this Act, there are 
hereby authorized to be appropriated to the Atomic 
Energy Commission to accomplish the purposes of this 
Act such sums of money as may be currently available to 
the Atomic Energy Commission. 

Sec. 106. Substitution. — Funds authorized to be ap- 
propriated or otherwise made available by this Act may 
be used to start any other new project for which an esti- 
mate was not included, in this Act if it be a substitute 
for a project or portion of a project authorized in sub- 
sections 101 (a), (b), (c), and (d) and the estimated 
cost thereof is within the limit of cost of the project for 
which substitution is to be made, and the Commission 
certifies that — 

(a) the project is essential to the common defense 
and security ; 



197 

(b) the new project is required by changes in 
weapon characteristics or weapon logistic opera- 
tions; and 

(c) it is unable to enter into a contract with any 
person, including a licensee, on terms satisfactory to 
the Commission to furnish from a privately owned 
plant or facility the product or services to be pro- 
vided in the new project. 

Sec. 107. Amendment of Prior Year Acts. — (a) Sec- 73 stat. si. 
fcion 101 of Public Law 86-50 is amended bv striking 
therefrom the figure "$165,400,000*' and substituting 
therefor the figure "$172,900,000". 

(b) Section 101(g) of Public Law 86-50 is amended 73 stat. 82. 
by striking therefrom "Project 60-g-3, transuranium 
laboratory. Oak Ridge National Laboratory, Tennessee, 
$1,200,000" and substituting therefor "Project 60-g-3, 
transuranium processing plant, Oak Ridge National 
Laboratory, Tennessee, $8,700,000". 

(c) Section 101 of Public Law 87-315 is amended as 75 stat. 676. 
follows: (1) by striking therefrom the figure "$3,000,- 

000" for project 62-a-5, additional reactor confinement, 
Savannah River, South Carolina, and substituting 
therefor the figure "$12,000,000"; (2) by striking there- 
from the figure "$7,500,000" for project 62-c-l, weapons 
production, development, and test installations, and sub- 
stituting therefor the figure "$15,000,000"; (3) by strik- 75 stat. 677. 
ing therefrom the figure "$1,000,000" for project 62-i-3, 
controlled environment laboratory, Brookhaven National 
Laboratory, New York, and substituting therefor the 
figure "$1,800,000"; and (4) by striking therefrom iha 
figure "$700,000" for project 62—1—4, animal bioradio- 
logical laboratory, Lawrence Radiation Laboratory, Cali- 
fornia, and substituting therefor the figure "$9S0,000". 72 S t a t 490 

(d) Section 101 of Public Law 85-590 is amended by 
striking therefrom the figure "$386,679,000" and substi- 
tuting therefor the figure "$436,879,000". 

Sec. 108. Rescissions. — (a) Public Law 86-50, as 73 stat. 82. 
amended, is further amended by rescinding therefrom 
authorization for a project, except for funds heretofore 
obligated, as follows : 

Project 60-e-14, experimental low-temperature 
process heat reactor, $4,000,000. 

(b) Section 111 of Public Law 86-50 is rescinded. 73 stat. ss. 

Sec. 109. Cooperation With European Atomic En- 
ergy Community. — There is hereby authorized to be 
appropriated to the Atomic Energy Commission, in ac- 
cordance with the provisions of section 261a (2) of the 
Atomic Energy Act of 1954, as amended, the sum of 
$5,000,000, in addition to the sum of $10,000,000 previ- 
ously authorized, which shall be available for carrying 
out the purposes of section 3 of Public Law 85-846, pro- 42 u.*s.c. 2S2. 



19S 

viding for cooperation with the European Atomic 
Energy Community. 
tb lt ta t* 6-9* ^ EC " ^ <)# Cooperative Power Reactor Demonstra- 

tion Program. — (a) Section 111 of Public Law 85-162, 
as amended, is further amended by striking out the date 
"June 30, 1962" in clause (3) of subsection (a) and in- 
serting in lieu thereof the date "June 30, 1963". 

(b) There is hereby authorized to be appropriated to 
the Atomic Energy Commission the sum of £3.000,000 
to be available, in addition to the funds heretofore au- 
thorized, for carrying out the Commission's power reactor 
demonstration program in accordance with the terms and 
conditions provided in sections 110 and 112 of Public 

73 Stat 84. S6. ^ wSC) _^ L 

(c) Funds authorized and appropriated to the Com- 
mission and authorized waivers of the Commission's use 
charges, available for the third round of the Commis- 
sion's power reactor demonstration program, shall also 
be available to the Commission for use in a supplemental 
program of third round cooperative arrangements in ac- 
cordance with the criteria heretofore submitted to the 

"l stat. 409. Joint Committee on Atomic Energy and in accordance 
72 stat. 493. with the provisions of subsections 111 (b) and (f) of 
Public Law 85-162. Under any such arrangements the 
Commission may furnish funds for design assistance 
without regard to the provisions of section 169 of the 
Atomic Energy Act of 1954. Xo funds or waiver of use 
charges made available by this section shall be available 
for projects heretofore approved under the power reactor 
demonstration program or for other nuclear power proj- 
ects already under construction. 

(d) Funds authorized and appropriated to the Com- 
mission and authorized waivers of the Commission's use 
charges," available in support of unsolicited proposals 
from the utility industry to construct nuclear power- 
plants, shall also be available to the Commission for use 
in a cooperative arrangement with any person or persons 
for participation in a nuclear reactor project to generate 
electricity, process heat, or both. Any such arrange- 
ment shall be entered into in accordance with the criteria 
for the third round of the Commission's power reactor 
demonstration program, including the provisions of sec- 

71 stat 409. tion 111(b) of Public Law 85-162: Provided, however, 
That under any such arrangement the Commission may 
furnish funds for design assistance without regard to the 
provisions of section 169 of the Atomic Energy Act of 
1954. 

[Sec. 111. Organic Reactor Project. — (a) The Com- 
mission is authorized to enter into cooperative arrange- 
ments with any person or persons for participation in the 
development, design, construction, and operation of an 
organic reactor authorized under project 63-e-3 of sec- 
tion 101(e) of this Act, and the utilization of the steam 



199 

generated by the reactor plant. Under such arrange- 
ments — 

(1) the Commission is authorized to obtain the 
participation of such person or persons to the fullest 
extent consistent with the Commission's direction of 
the project and ownership of the reactor; 

(2) the reactor plant may be constructed upon a 
site provided by a participating party with or with- 
out compensation ; 

(3) the reactor plant shall be operated by, or 
under contract with, the Commission, for such pe- 
riod of time as the Commission determines to be 
advisable for research and development purposes 
and for such additional period as the Commission 
may determine to be necessary in the best interest of 
the Government. Upon the expiration of such pe- 
riod, the Commission may offer the reactor plant and 
its appurtenances for sale to a participating party 
or parties at a price to reflect appropriate deprecia- 
tion, but not to include construction costs assignable 
to research and development, or the Commission 
may dismantle the reactor plant and its appurte- 
nances ; 

(4) the Commission may sell steam to a partici- 
pating party at rates based upon the present cost of, 
or the projected cost of, comparable steam from a 
plant using conventional fuels at the reactor loca- 
tion; and 

(5) any steam sold shall be used for industrial, 
manufacturing, or other commercial purposes, in- 
cluding the generation of electric power for use by 
a participating party, or for research and develop- 
ment related thereto, but shall not be used for the 
generation of electric power for sale by a participat- 
ing party. The participating party or parties shall 
provide facilities required for such utilization of the 
steam generated by the nuclear plant. 

(b) Before the Commission enters into any arrange- 
ment or amendment thereto under the authority of sub- 
section (a) of this section, the basis for the arrangement 
or amendment thereto which the Commission proposes to 
execute (including the name of the proposed participat- 
ing party or parties with whom the arrangement is to be 
made, a general description of the proposed powerplant, 
the estimated amount of cost to be incurred by the Com- 
mission and by the participating parties, and the general 
features of the proposed arrangement or amendment) . 
shall be submitted to the Joint Committee, and a period joint 
of forty-five days shall elapse while Congress is in session Committee, 
(in computing such forty-five days, there shall be ex- 
cluded the days on which either House is not in session 
because of adjournment for more than three days) : Pro- 
vided, hoivever. That the Joint Committee, after having 



200 

received the basis for a proposed arrangement or amend- 
ment thereto, may by resolution in writing waive the 
conditions of, or all or any portion of, such forty-five day 
period : Provided further, That such arrangement or 
amendment shall be entered into in accordance with the 
basis for the arrangement or amendment submitted as 
provided herein: And provided further, That no basis 
for arrangement need be resubmitted to the Joint Com- 
mittee for the sole reason that the estimated amount of 
the cost to be incurred by the Commission exceeds the 
estimated cost previously submitted to the Joint Com- 
mittee by not more than fifteen per centum. 

(c) In the event no satisfactory proposal for a co- 
operative arrangement is received, the Commission may, 
if the project is still deemed desirable, proceed with de- 
sign, construction, and operation of such a reactor plant 
at a Commission installation. The electric energy gener- 
ated shall be used by the Commission in connection with 
the operation of such installation and the provisions of 
section 112 of Public Law 86-50 shall be applicable to 
this project.^ 60 

Sec. 112. (a) The Commission is not authorized — 

(1) to enter into any arrangements for the con- 
struction or operation of electric generating and 
transmission facilities at the Hanford Xew Produc- 
tion Eeactor, or 

(2) to sell any byproduct energy produced inci- 
dent to the operation of the reactor and is directed 
to withhold from beneficial use and dissipate such 
byproduct energy, or 

(3) to enter into agreements, as part of such 
arrangements, to lease or contract for the operation 
of the reactor during periods when the reactor is 
not being operated or maintained for production or 
other Commission purposes, 

unless and until the Commission shall make the deter- 
minations required by subsection (b). 
Determina- (b) Before entering into any arrangement or sale of 

the type described in subsection (a), the Commission 
shall make the following determinations: 

(1) Useable byproduct energy will be produced 
incident to the production of special nuclear material 
in the reactor in accordance with the design of the 
reactor as originally authorized by Congress; 

(2) The sale of byproduct energy could provide 
a substantial financial return to the United States 
Treasury for the benefit of the taxpayers; 

(3) The national defense posture would be im- 
proved by the enhanced capability for resumption of 
special nuclear material production through non- 

«°Sec. Ill of Public Law 87-701 (76 Stat. 599) (1962), rescinded by 
sec. 108(c) of Public Law 89-32 (79 Stat. 120) (1965). 



201 



Federal operation and maintenance of the reactor 
during periods when it is not being operated for 
special nuclear material production, 
(c) All expenses of modifications of the Hanford New 
Production Reactor made at the request of a non-Fed- 
eral entity, and all expenses of constructing and operat- 
ing the electric energy generating and transmission fa- 
cilities at the New Production Reactor, shall be borne 
by such non-Federal entity. 

' (d) Any losses to the Bonneville Power Administra- 
tion, in connection with the arrangements or sales author- 
ized herein, shall be borne by its system customers 
through rate adjustments. 

(e) The Commission shall not enter into any ar- 
rangements for the sale of byproduct energy from the 
Hanford Xew Production Reactor unless it determines 
that the purchaser has offered fifty per cent participa- 
tion to private organizations and fifty per cent partici- 
pation to public organizations on a non-discriminatory 
basis in the sale of electric energy generated therewith. 

(f) No Federal agency may acquire the generating 
facilities without prior Congressional authorization and 
in the event of such authorization the generating facili- 
ties shall be acquired subject to contracts then in exist- 
ence for disposition of the electric energy produced by 
the facilities. 

(g) Before the Commission enters into any arrange- 
ments pursuant to this section, the basis for such ar- 
rangements and the determinations required by subsec- 
tion (b), with supporting data, shall be submitted to tht 
Joint Committee on Atomic Energy and a period of 
forty-five days shall elapse : Provided, however, That Review by 
the Joint Committee, after having received such docu- 
ments, may, by majority concurrence in writing, waive 
the conditions of or all or any portion of such forty-five 
day period. 

Approved September 26, 1962. 



Congressional 
authorization. 



Joint 
Committee. 



Index to Legislative History of Public Law 87-701 (II.lv. 11974) 



(Page references are to the daily editions of the Congressional Record. 

87th Cong., 2d sess.) 

H.R. 11733 introduced May 14, 1962 by Mr. Holifield, 7649. 

Hearings: Subcommittee on Legislation, May 16, 17. 18, 21 and 29, 
1962. Published under title "AEC Authorizing Legislation Fiscal 
Year 1963." Hearings on "Utility Proposal for Powerplant Addi- 
tion to Hanford New Production Reactor," July 10 and 11, 1962. 

H.R. 11974 introduced by Mr. Holifield June 4, 1962 as a "clean bill," 
superseding H.R. 11733, 8903. 

H.R. 11974 reported in House on June 21, 1962 (II. Kept. Xo. 1871), 
10585. 



65-234- 



■14 



202 

H.R. 11974 considered by Committee of the "Whole House pursuant to 
House Resolution 716 on July 17, 1962. Bill passed House with 
substitute amendment by rollcall vote of 232 to 163, prohibiting 
arrangements for addition of electric generating facilities to Han- 
ford New Production Reactor. 

H.R. 11974 considered by Senate on August 1, 1962. Senate struck all 
after enacting clause, substituting text of S. 3392. Bill passed with 
amendment providing authority for arrangements for addition of 
electric generating facilities at the Hanford New Production 
Reactor. 

Senate requests conference and appoints conferees, August 2, 1962, 
14341. 

House agrees to conference, rejecting motion for instruction of con- 
ferees, August 29, 1962, 16959. 

Conference report submitted to House (H. Rept. No. 2342), Septem- 
ber 11, 1962, 17990. 

Conference report adopted by House September 14, 1962. Motion to 
recommit with instructions defeated by rollcall vote of 186-151, 
18373-81. 

Conference report adopted by Senate, September 18, 1962, 18656-7. 

Examined and signed by the Speaker, September 19, 1962, 18880. 

Examined and signed by President of the Senate, September 19, 1962, 
18779. 

Presented to the President, September 20, 1962, 19105. 

Approved by the President on September 26, 1962. Public Law 
87-701. 

Companion Bill— S. 3392 

S. 3292 introduced by Senator Pastore on May 14, 1962, 7661, and 
referred to the Joint Committee on Atomic Energy. 

Hearings: As listed above. 

S. 3392 introduced bv Senator Pastore on June 11, 1962, as a "clean 
bill," superseding S. 3292, 9311. 

H.R. 11974 considered by Senate on August 1, 1962. Passed Senate 
with amendment, striking all after the enacting clause and inserting 
the text of S. 3392, including further amendment authorizing 
arrangements for addition of electric generating facilities at the 
Hanford New Production Reactor; 14211-12, 14224, 14233-38. 



PUBLIC LAW 88-72 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1964) 

[88th Congress, S. 1745] 

[July 22, 1963] 

AN ACT 

To authorize appropriations for the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 



203 

Sec. 101. Plant or Facility Acquisition or Construction. — There 
is hereby authorized to be appropriated to the Atomic Energy Com- 
mission in accordance with the provisions of section 261 a. (1) of the 
Atomic Energy Act of 1954, as amended, the sum of $190,507,000 G1 for 
acquisition or condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, as follows : 

(a) Special nuclear materials. — 

Project 64-a-l, modifications to production and supporting instal- 
lations, $5,000,000. 

Project 64— a-2, waste f rationalization facilities, Richland, Wash- 
ington, $3,700,000. 

Project 64-a-3, additional waste storage facilities, National Reactor 
Testing Station, Idaho, $3,400,000. 

Project 64-a-4, additional waste storage facilities, Savannah River, 
South Carolina, $7,700,000. 

(b) Special nuclear materials. — 

Project 64-b-l, additional boiler for heating plant, Richland, Wash- 
ington, $700,000. 

(c) Atomic weapons. — 

Project 64-c-l, weapons production, development, and test installa- 
tions, $10,000,000. 

Project 64-C-2, explosive component plant, Mound Laboratory, 
Miamisburg, Ohio, $1,590,000. 

Project 64-C-3, radiography facility, Sandia Base, New Mexico, 
$275,000. 

Project 64-C-4, nuclear safety facility, Rocky Flats, Colorado, 
$1,500,000. 

Project 64-C-5, fabrication building addition, Rocky Flats, Colo- 
rado, $2,140,000. 

(d) Atomic weapons. — 

Project 64-d-l, theoretical and computations building, Lawrence 
Radiation Laboratory, California, $3,500,000. 

Project 64-d-2, additions to administration and computer buildings, 
Los Alamos Scientific Laboratory, New Mexico, $2,400,000. 

Project 64-d-3, technical area utility improvements, Los Alamos 
Scientific Laboratory, New Mexico, $865,000. 

Project 64-d-4, steamplant addition, Sandia Base, New Mexico, 
$655,000. 

Project 64-d-5, test range improvements, Tonopah, Nevada, 
$760,000. 

Project 64-d-6, base construction, Nevada Test Site, $4,000,000. 

Project 64— d-7, manufacturing standards laboratory, Rocky Flats. 
Colorado, $720,000. 

Project 64-d-8, instrument maintenance and standards addition, 
Y-12 plant, Oak Ridge, Tennessee, $590,000. 

Project 64-d-9, addition to development laboratory, Y-12 plant, 
Oak Ridge, Tennessee, $1,700,000. 

Project 64-d-10, C2 occupational health laborator}^, Los Alamos Sci- 

^This figure was amended by Public Law SS-189 (77 Stat. 343) (1003). the AEC 
Fiscal Year 1964 Supplemental Authorization Act. Before amendment this figure was 
$172,562,000. 

62 Projects 64-d-10 through 64-d-21 were added by Public Law 88-1S9 (77 Stat. 343) 
(1963). 



204 

entific Laboratory, Xew Mexico, $1,650,000. 

Project 64-d-ll, high temperature chemistry facility, Los Alamos 
Scientific Laboratory, Xew Mexico, $1,435,000. 

Project 64-d-12, plutonium research support building, Los Alamos 
Scientific Laboratory, Xew Mexico, $655,000. 

Project 64-d-13, radiochemistry building, Lawrence Radiation 
Laboratory, California, $5,900,000. 

Project 64-d-14, hazards control addition, Lawrence Radiation 
Laboratory, California, $1,000,000. 

Project 64-d-15, plant engineering and services building, Law- 
rence Eadiation Laboratory, California, $1,400,000. 

Project 64-d-16, west cafeteria addition, Lawrence Radiation Lab- 
oratory, California, $255,000. 

Project 64-d-17, craft shop addition, Lawrence Radiation Labora- 
tory, California, $200,000. 

Project 64-d-18, development laboratory, Sandia Base, Xew Mex- 
ico, $3 ; 780,000. 

Project 64-d-19, explosive facilities, Sandia Base, Xew Mexico, 
$540,000. 

Project 64-d-20, classified technical reports building addition, 
Sandia Base, Xew Mexico, $500,000. 

Project 64-d-21, control point additions, Nevada Test Site, $630,000. 

(e) Reactor development. — 

Project 64-e-l, modifications to reactor facilities, $3,000,000. 

Project 64-e-2, fast reactor test facility, Xational Reactor Testing 
Station, Idaho, $17,000,000. 

[Project 64-e-3, SXAP development and test facilities, Santa 
Susana, California, $500,000.] 62a 

Project 64-e-4. nuclear safetv engineering test facilities, Xational 
Reactor Testing Station, Idaho, $19,400,000. 

Project 64-e-5, expansion of unexpended core facility, Xational 
Reactor Testing Station, Idaho, $3,000,000. 

[Project 64-e-6, support facilities for advanced space power sys- 
tems, Xational Reactor Testing^ Station, Idaho, $1,800,000.] 63 

Project 64-e-7, thorium-uranium fuel cycle development facility, 
Oak Ridge Xational Laboratory, Tennessee, $7,275,000. 

[Project 64-e-8, modifications to CAXEL facilities, Middletown, 
Connecticut, $1,455,000.] 64 

Project 64-e-9, research and development test plants for Project 
Rover, Los Alamos Scientific Laboratory, Xew Mexico and Xevada 
Test Site, $3,000,000. 

Project 64-e-10, modifications to radioactive materials handling 
facilities, Savannah River, South Carolina, $1,000,000. 

Project 64^-e-ll, high temperature lattice testing reactor, Richland, 
Washington, $2,500,000. 

(f ) Reactor development. — 

Project 64-f-l, heating plant boiler Xo. 5, Argonne Xational Labo- 
ratory, Illinois, $1,500,000. 

a2a Public Law 90-56 (81 Stat. 124) (1967), sec. 107(a), rescinded authorization for 
this project, except for funds theretofore obligated. 

« Public Law 88-332 (78 Stat. 227) (1964). sec. 102(f), rescinded authorization for 
this project, except for funds theretofore obligated. 

•* Public Law 89-32 (79 Stat. 120) (1965). sec. 108(b), rescinded authorization for 
this project, except for funds theretofore obligated. 



205 

(g) Physical research. — 

Project 64-g-l, accelerator improvements, Lawrence Radiation 
Laboratory, California, $750,000. 

Project 64-g-2, accelerator improvements, Argonne National Labo- 
ratory, Illinois, $500,000. 

Project 64-g-3, accelerator and reactor additions and modifications, 
Brookhaven National Laboratory, New York, $1,250,000. 

Project 64- g-4, Tanden Van de Graaff facility, Brookhaven 
National Laboratory, New York, $12,000,000. 

Project 64-g-5, accelerator improvements, Cambridge and Prince- 
ton accelerators, $700,000. 

(h) Physical research. — 

Project 64-h-l, modifications and additions to cafeteria, Lawrence 
Radiation Laboratory, California, $250,000. 

Project 64-h-2, steamplant addition, Brookhaven National Labora- 
tory, New York, $850,000. 

(i) Biology and medicine. — 

Project 64-i-l, low-level radiation counting facility for clinical 
research, Brookhaven National Laboratory, New York, $430,000. 

Project 64r-i-2, additional animal quarters, Lovelace Foundation, 
Albuquerque, New Mexico, $500,000. 

Project 64—1—3, addition to agricultural research laboratory, Oak 
Ridge, Tennessee, $685,000. 

Project 64-i— 4, molecular biology laboratory, Oak Ridge National 
Laboratory, Tennessee, $330,000. 

(j) Community. — 

Project 64-j-l, water distribution svstem, phase II, White Rock, 
Los Alamos, New Mexico, $625,000. 

Project 64r-j-2, classroom additions, Barranca Mesa Elementary 
School, Los Alamos, New Mexico, $224,000. 

Project 64-J-3, additional water well, Los Alamos, New Mexico, 
$194,000. 

(k) General plant projects. — $40,649,000. 

Sec. 102. Limitations. — (a) The Commission is authorized to start 
any project set forth in subsections 101 (a), (c), (e), and (g), only if 
the currently estimated cost of that project does not exceed by more 
than 25 per centum the estimated cost set forth for that project. 

(b) The Commission is authorized to start any project set forth 
in subsections 101 (b), (d), (f), (h), (i), and (j), only if the cur- 
rent ly estimated cost of that project does not exceed by more than 10 
per centum the estimated cost set forth for that project. 

(c) The Commission is authorized to start a project under subsec- 
tion 101 (k) only if it is in accordance with the following : 

1. For community operations, the maximum currently esti- 
mated cost of any project shall be $100,000 and the maximum 
currentlv estimated cost of any building included in such project 
shall be $10,000. 

2. For all other programs, the maximum currently estimated 
cost of any project shall be $500,000 and the maximum currently 
estimated cost of any building included in such project shall be 
$100,000. 



206 

3. The total cost of all projects undertaken under subsection 
101 (k) shall not exceed the estimated cost set forth in that sub- 
section by more than 10 per centum. 
Sec. 103. Cooperation With European Atomic Energy Commu- 
nity. — There is hereby authorized to be appropriated to the Atomic 
Energy Commission, in accordance with the provisions of section 
261 a. (2) of the Atomic Energy Act of 1954, as amended, the sum of 
$7,500,000, in addition to the sum of $15,000,000 previously author- 
ized, which shall be available for carrying out the purposes of section 
3 of Public Law 85-846, providing for cooperation with the European 
Atomic Energy Community. 

Sec. 104. Cooperative Power Reactor Demonstration Program. — 

(a) Section 111 of Public Law 85-162, as amended, is further 
amended as follows : 

1. By striking out the figure "$3,600,000" in clause (2) of sub- 
section (a) and inserting in lieu thereof the figure "$4,309,000'\ 

2. By striking out the date "June 30, 1963" in clause (3) of sub- 
section (a) and inserting in lieu thereof the date "June 30, 1964". 

(b) The maximum amount of the program authorization, specified 
in subsection 110(b) of Public Law 86-50, section 109 of Public Law 
86-457, section 109 of Public Law 87-315, and section 110 of Public 
Law 87-701, is increased by $10,000,000. 

[Sec. 105. Spectral Shift Power Reactor. — 

(a) The Commission is hereby authorized to enter into cooperative 
arrangements with privately, publicly, or cooperatively owned utili- 
ties or industrial organizations for participation in the development, 
design, construction, and operation of a Spectral Shift Nuclear Power- 
plant for which the sum of $30,000,000 is hereby authorized to be 
appropriated. The Commission is also authorized to waive use 
charges in connection with this project in an amount not to exceed 
$10,000,000. 

(b) The cooperative arrangements authorized under paragraph (a) 
of this section may be entered into in accordance with either (i) the 
criteria for the third round of the Commission's power reactor demon- 
stration program : Provided, however, That under any such arrange- 
ment the Commission may furnish funds for design assistance without 
regard to the provisions of section 169 of the Atomic Energy Act of 
1954; or (ii) an arrangement under the following terms and 
conditions : 

(1) The Commission shall provide for the manufacture and 
construction of the nuclear reactor plant. The Commission may 
obtain such participation by the cooperating utility or organiza- 
tion as is consistent with Commission ownership and operation of 
the nuclear reactor plant. 

(2) The cooperating utility or organization shall furnish the 
site and all equipment, facilities, and services necessary for a 
complete and operable nuclear powerplant except those furnished 
by the Commission as part of the nuclear reactor plant. 

(3) The Commission may enter into a contract with the co- 
operating utility or organization for the operation of the nuclear 
reactor plant, including the training of personnel and other rele- 
vant matters. Any such contract may be for such period of time 



207 

as the Commission may determine to be advisable for research 
and development purposes and for such additional period as the 
Commission may determine to be necessary in the best interest 
of the Government. Upon the expiration of such period, the 
Commission is authorized to offer the nuclear reactor plant for 
sale to the cooperating utility or organization at a price to reflect 
appropriate depreciation, but not to include construction costs 
assignable to research and development; or the Commission may 
dismantle and remove the reactor plant and its appurtenances. 

(4) The Commission, without regard to the provisions of sec- 
tion 44 of the Atomic Energy Act of 1954, as amended, is author- 
ized to sell to the cooperating utility or organization the steam 
produced in the nuclear reactor plant. The price of such steam 
shall be based upon the current or projected cost of steam from 
conventional sources in the area in which the powerplant is con- 
structed. Such steam may be used by the cooperating utility or 
organization for the generation of electric energy and any other 
industrial purpose. 

(5) There are authorized to be appropriated such additional 
funds as may be required for the operation of said nuclear power- 
plant in accordance with any such arrangement. 

(c) Before the Commission enters into any arrangement or amend- 
ment thereto under the authority of subsection (a) of this section, 
the basis for the arrangement or amendment thereto which the Com- 
mission proposes to execute (including the name of the proposed par- 
ticipating party or parties with whom the arrangement is to be made, 
a general description of the proposed powerplant, the estimated 
amount of cost to be incurred by the Commission and by the partici- 
pating parties, and the general features of the proposed arrangement 
or amendment) shall be submitted to the Joint Committee, and a 
period of forty-five days shall elapse while Congress is in session (in 
computing such forty-five days, there shall be excluded the days on 
which either House is not in session because of adjournment for more 
than three days) : Provided, however, That the Joint Committee, after 
having received the basis for a proposed arrangement or amendment 
thereto, may by resolution in writing waive the conditions of, or all 
or any portion of, such forty-five day period : Provided further, That 
such arrangement or amendment shall be entered into in accordance 
with the basis for the arrangement or amendment submitted as pro- 
vided herein: And provided further, That no basis for arrangement 
need be resubmitted to the Joint Committee for the sole reason that 
the estimated amount of the cost to be incurred by the Commission 
exceeds the estimated cost previously submitted to the Joint Commit- 
tee by not more than fifteen per centum.] 65 

[Sec. 106. Cooperative Research and Development Program With 
West German Authorities. — There is hereby authorized to be appro- 
priated to the Commission, the sum of $5,500,000, for use in a coopera- 
tive program of research and development with any person or persons 
in connection with Arbeitagemeinshaft-Versuch Reaktor at Juelich, 

65 Sec. 105 of Public Law 88-72 (77 Stat. 84) (1963), rescinded by sec. 10S(d) of Public 
Law 89-32 (79 Stat. 120) (1965). 



208 

Germany, to be conducted either under the Agreement for Coopera- 
tion Concerning Civil Uses of Atomic Energy Between the Govern- 
ment of the United States of America and the Government of the 
Federal Republic of Germany signed on the 4th day of July 1957 
as now or hereafter modified, or the additional agreement between 
the United States of America and the European Atomic Energy Com- 
munity signed on the 11th day of June 1960 as now or hereafter 
modified.] 66 
Sec. 107. 

Section 261 of the Atomic Energy Act of 1954, as amended, is 
amended to read as follows effective January 1, 1964: 
"Sec. 261. Appropriations. — 

"a. No appropriation shall be made to the Commission, nor 
shall the Commission waive charges for the use of materials under 
the Cooperative Power Reactor Demonstration Program, unless 
previously authorized by legislation enacted by the Congress. 

"b. Any Act appropriating funds to the Commission may ap- 
propriate specified portions thereof to be accounted for upon the 
certification of the Commission only. 

"c. Notwithstanding the provisions of subsection a., funds are 
hereby authorized to be appropriated for the restoration or re- 
placement of any plant or facility destroyed or otherwise seriously 
damaged, and the Commission is authorized to use available funds 
for such purposes. 

"d. Funds authorized to be appropriated for any construction 
project to be used in connection with the development or produc- 
tion of special nuclear material or atomic weapons may be used 
to start another construction project not otherwise authorized if 
the substituted construction project is within the limit of cost of 
the construction project for which substitution is to be made, and 
the Commission certifies that — 

"(1) the substituted project is essential to the common 
defense and security; 

"(2) the substituted project is required by changes in 
weapon characteristics or weapon logistic operations; and 
" (3) the Commission is unable to enter into a contract with 
any person on terms satisfactory to it to furnish from a pri- 
vately owned plant or facility the product or services to be 
provided by the new project." 
Approved July 22, 1963. 



Ixdex to Legislative History of Public Law 88-72 (S. 1745) 

(Page references are to the daily editions of the Congressional Record, 88th 

Cong., 1st sess. ) 

S. 1159 introduced March 21, 1963, by Senator Pastore (by request), 

4389. 
Hearings : Subcommittee on Legislation, April 9, 10 and May 2, 1963. 

Published under title "AEC Authorizing Legislation Fiscal Year 

1964." 



« Sec. 106 of Public Law 88-72 (77 Stat. 84) (1963), rescinded by sec. 108(e) of Public 
Law 89-32 (79 Stat. 120) (1965). 



209 

S. 1745 introduced June 19 by Senator Pastore as a "clean bill," super- 
seding S. 1159, 10460. 

H.E. 7139 (companion bill) reported in House June 21, 1963 (H. Kept. 
446), 10809. 

S. 1745 reported in Senate June 21, 1963 (S. Kept. 303), 10673. 

S. 1745 considered and passed in Senate by voice vote, 10929-10932. 

S. 1745 considered and passed in House by voice vote, 11500-11511. 

Examined and signed by President pro tempore of Senate July 11, 
11739. 

Examined and signed by Speaker of House July 11, 11811. 

Presented to the President July 11, 11741. 

S. 1745 approved by President July 22 as Public Law 88-72. 

Companion Bill— H.E. 7139 

H.R. 5036 introduced March 21, 1963, by Mr. Holifield (by request), 

4384. 
Hearings: As listed above. 
H.R. 7139 introduced June 19 as "clean bill" by Mr. Holifield, 10604. 



PUBLIC LAW 88-189 (AEC FISCAL YEAR 1964 SUPPLE- 
MENTAL AUTHORIZATION ACT) 

[88th Congress, S. 2267] 

[November 29, 1963] 

AN ACT 

To amend Public Law 88-72 to increase the authorization for appropriations to 
the Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 101 of 
Public Law 88-72 is hereby amended by striking the figure "172,562,- 
000" and inserting in lieu thereof the figure "$190,507,000". 

Sec. 2. Section 101(d) of Public Law 88-72 is amended by adding 
at the end thereof : 

"Project 64-d-10, occupational health laboratory, Los Alamos Sci- 
entific Laboratory, New Mexico, $1,650,000. 

"Project 64V-d-ll, high temperature chemistry facility, Los Alamos 
Scientific Laboratory, New Mexico, $1,435,000. 

"Project 64-d-12, plutonium research support building, Los Alamos 
Scientific Laboratory, New Mexico, $655,000. 

"Project 64-d-13, radiochemistry building, Lawrence Radiation 
Laboratory, California, $5,900,000. 

"Project 64-d-14, hazards control addition, Lawrence Eadiation 
Laboratory, California, $1,000,000. 

"Project 64-d-15, plant engineering and services building, Law- 
rence Eadiation Laboratory, California, $1,400,000. 

"Project 64-d-16, west cafeteria addition, Lawrence Eadiation Lab- 
oratory, California, $255,000. 



210 

"Project 64- d-17, craft shop addition, Lawrence Radiation Labora- 
tory, California, $200,000. 

" ; Project 64— d-18, development laboratory, Sandia Base, New 
Mexico, $3,780,000. 

"Project 6^d-19, explosive facilities, Sandia Base, New Mexico, 
$540,000. 

"Project 64— d-20, classified technical reports building addition, 
Sandia Base. Xew Mexico, $500,000. 

"Project 64-d-21, control point additions, Nevada Test Site, 
$630,000." 

Approved November 29, 1963. 



Ixdex to Legislative History of Public Law 88-189 (S. 2267) 

(Page references are to the daily editions of the Congressional Record, 88th 

Cong., 1st sess.) 

S. 2267 introduced by Senator Pastore (by request) October 29, 1963, 

19413. 
H.K. 8971 (companion bill) reported out November 20 by Mr. Holi- 

field (H. Pvept. 911), 21457. 
S. 2267 reported in Senate November 30, 1963, by Senator Pastore 

(S. Kept. 647), 21383. 
S. 2267 considered and passed in Senate November 21, 21464-65. 
S. 2267 considered and passed in House November 26, 21707. 
Examined and signed by Speaker of House November 29, 21856. 
Examined and signed by Acting President pro tempore November 29, 

21973. 
Presented to the President November 29, 21979. 
S. 2267 approved by the President November 29 as Public Law 88-189. 

Companion Bill— H.K. 8971 

H.R. 8971 introduced by Mr. Holifield (by request) October 30, 19638. 
Hearings : As listed above. 

PUBLIC LAW 88-332 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1985) 

[88th Congress, H.R. 10945] 

[June 30, 1964] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission in accordance with 
section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

Sec. 101. There is hereby authorized to be appropriated to the 
Atomic Energy Commission in accordance with the provisions of 



211 

section 261 of the Atomic Energy Act of 1954, as amended, the sum 
of $2,636,577,000 as follows: 

(a) For "operating expenses," $2,298,467,000: Provided, That in 
the total amount authorized by this subsection there is included the 
amount of $1,000,000 which is in addition to the amount of $5,000,000 
previously authorized in section 110 of Public Law 86-457 for use in 
a cooperative program of research and development with the Govern- 
ment of Canada : Provided further, That in the total amount author- 
ized by this subsection there is included the amount of $3,000,000 
which is in addition to the sum of $22,500,000 previously authorized 
for carrying out the purposes of section 3 of Public Law 85-846, 
providing for cooperation with the European Atomic Energy 
Community. 

(b) For "Plant and capital equipment," including construction, 
acquisition, or modification of facilities, including land acquisition; 
construction planning and design ; and acquisition and fabrication of 
capital equipment not related to construction $338,110,000 as follows: 

(1) Special Nuclear Materials. — 

Project 65-1-a, radio-surgery facility, Richland, Washington, 
$250,000. 

Project 65-1-b, isotopes production plant, Richland, Washing- 
ton. $9,000,000. 

(2) Atomic Weapons. — 

Project 65-2-a, materials processing facilities, Mound Labora- 
tory, Miamisburg, Ohio, $565,000. 

Project 65-2-b, analytical laboratory expansion, Rocky Flats, 
Colorado, $3,000,000. 

Project 65-2-c, weapons production, development and test 
installations, $10,000,000. 

Project 65-2-d, process facility addition, Savannah River, 
South Carolina, $3,700,000. 

Project 65-2-e, high velocity test facilitv, Sandia Base, New 
Mexico, $1,350,000. 

(3) Atomic Weapons. — 

Project 65-3-a, environmental control facilities, Kansas City, 
Missouri, $1,000,000. 

Project 65-3-b, utility and supporting services additions, 
Rocky Flats, Colorado, $2,245,000. 

Project 65-3-c, supplemental water supply, Los Alamos Sci- 
entific Laboratory, New Mexico, $1,550,000. 

Project 65-3-d, experimental physics facilities additions, 
Lawrence Radiation Laboratorv, Livermore, California, 
$4,090,000. 

Project 65-3-e, chemistry development facilities, Lawrence 
Radiation Laboratory, Livermore, California. $2,000,000. 

Project 65-3-f, base support facilities, Nevada Test Site, 
Nevada, $620,000. 

(4) Reactor Development. — 

Project 65— I— a, zero power plutonium reactor, National Reactor 
Testing Station, Idaho, $3,000,000. 

Project 65-4-b, power burst facilitv. National Reactor Testing 
Station, Idaho, $8,100,000. 



212 

Project 65-4-c, research and development test plants, Project 
Rover, Los Alamos, Scientific Laboratory, New Mexico and 
Nevada Test Site, Nevada, $3,000,000. 

Project 65-4-d, modifications to reactors, $3,000,000. 

(5) Physical Research. — 

[Project 65-5-a, Argonne advanced research reactor, Argonne 
National Laboratory, Illinois, $25,000,000.] 66a 

Project 65-5-b, accelerator improvements, zero gradient 
synchrotron, Argonne National Laboratory, Illinois, $1,650,000. 

Project 65-5-c, electron linear accelerator, Argonne National 
Laboratory, Illinois, $875,000. 

Project 65-5-d, accelerator and reactor additions and modifica- 
tions, Brookhaven National Laboratory, New York, $1,700,000. 

Project 65-5-e, accelerator improvements, Cambridge and 
Princeton accelerators, $1,350,000. 

Project 65-5-f, accelerator improvements, Lawrence Radiation 
Laboratory, Berkeley, California, $850,000. 

Project 65-5-g, transuranium research laboratory, Oak Ridge 
National Laboratory, Tennessee, $1,850,000. 

(6) Physical Research. — 

Project 65-6-a, lecture hall and cafeteria, Brookhaven National 
Laboratory, New York, $2,300,000. 

Project 65-6-b, site utilities, Brookhaven National Laboratory, 
New York, $675,000. 

Project 65-6-c, computer data processing building, Lawrence 
Radiation Laboratory, Berkeley, California, $2,400,000. 

Project 65-6-d, heavy ion linear accelerator additions, Law- 
rence Radiation Laboratory, Berkeley, California, $525,000. 

Project 65-6-e, high energy physics laboratory, California 
Institute of Technology, California, $2,000,000. 

(7) Biology and Medicine. — 

Project 65-7-a, co-carcinogenesis research laboratory, Oak 
Ridge National Laboratory, Tennessee, $2,070,000. p 

Project 65-7-b, atmospheric physics building, Richland, Wash- 
ington, $373,000. 

Project 65-7-c, biomedical and animal laboratory, Lawrence 
Radiation Laboratory, Livermore, California, $3,500,000. 

(8) Community. — 

Project 65-8-a, classroom addition, Cumbres Junior High 
School, Los Alamos, New Mexico, $340,000. 

Project 65-8-b, classroom addition, White Rock Elementary 
School, Los Alamos, New Mexico, $260,000. 

Project 65-8-c, water distribution system additions, phase III, 
White Rock, Los Alamos, New Mexico, $290,000. 

Project 65-8-d, sewage disposal plant, White Rock, Los Alamos, 
New Mexico, $610,000. 

(9) General Plant Projects.— $43,250,000. 

(10) Construction Planning and Design. — $3,000,000. 

(11) Capital Equipment. — Acquisition and fabrication of capital 
equipment not related to construction, $186,772,000. 



66a Public Law 90-289 (82 Stat. 90 (1908. sec. 107, rescinded authorization for this 
project, except for funds theretofore obligated and such additional funds as necessary to 
close out the project. 



213 

Sec. 102. Project Rescissions. — (a) Public Law 85-590, as amended, 
is further amended by rescinding therefrom authorization for projects, 
except for funds heretofore obligated, as follows: 

Project 59-e-3, two accelerators, beam analyzing system and 
magnet, Pennsylvania State University, Pennsylvania, $950,000. 
Project 59-e-12, research and engineering reactor, Argonne 
National Laboratory, design and engineering, $1,000,000. 

(b) Public Law 86-50, as amended, is further amended by rescind- 
ing therefrom authorization for a project, except for funds heretofore 
obligated, as follows: 

Project 60-e-7, nuclear test plant, Army Reactor Experimental 
Area (AREA), National Reactor Testing Station, Idaho, 
$5,000,000. 

(c) Public Law 86-457, as amended, is further amended by rescind- 
ing therefrom authorization for a project, except for funds heretofore 
obligated, as follows: 

Project 61-f-8, materials research laboratory, University of 
Illinois, $5,600,000. 

(d) Public Law 87-315, as amended, is further amended by rescind- 
ing therefrom the authorization for a project, except for funds hereto- 
fore obligated, as follows: 

Project 62-a-4, solvent purification installation, Savannah 
River, South Carolina, $500,000. 

(e) Public Law 87-701, as amended, is further amended by rescind- 
ing therefrom authorization for projects, except for funds heretofore 
obligated, as follows: 

Project 63-e-3, organic reactor project, $20,000,000. 
Project 63-J-3, two mobile irradiators, $700,000. 

(f) Public Law 88-72, as amended, is further amended by rescind- 
ing therefrom authorization for a project, except for funds heretofore 
obligated, as follows: 

Project 64-e-6, support facilities for advanced space power 

systems, National Reactor Testing Station, Idaho, $1,800,000. 

Sec. 103. Limitations. — (a) The Commission is authorized to start 

any project set forth in subsections 101 (b) (1) , (2) , (4) , and (5) , only 

if the currently estimated cost of that project does not exceed by more 

than 25 per centum the estimated cost set forth for that project. 

(b) The Commission is authorized to start any project set forth in 
subsections 101(b) (3), (6), (7), and (8), only if the currently esti- 
mated cost of that project does not exceed by more than 10 per centum 
the estimated cost set forth for that project. 

(c) The Commission is authorized to start a project under subsec- 
tion 101(b) (9) only if it is in accordance with the following: 

(1) For community operations, the maximum currently esti- 
mated cost of any project shall be $100,000 and the maximum cur- 
rently estimated cost of any building included in such project 
shall be $10,000. 

(2) For all other programs, the maximum currently estimated 
cost of any project shall be $500,000 and the maximum currently 
estimated cost of any building included in such project shall be 
$100,000. 



214 

(3) The total cost of all projects undertaken under subsection 
101(b)(9) shall not exceed the estimated cost set forth in that 
subsection by more than 10 per centum. 

Sec. 104. The Commission is authorized to use funds appropriated 
pursuant to this authorization, and other funds currently available to 
the Commission, for the purpose of performing construction design 
services for any Commission construction project whenever (1) such 
construction project has been included in a proposed authorization bill 
transmitted to the Congress by the Commission and (2) the Commis- 
sion determines that the project is of such urgency that construction of 
the project should be initiated promptly upon enactment of legislation 
appropriating funds for its construction. 

Sec. 105. When so specified in an appropriation Act, transfers of 
amounts between "Operating expenses" and "Plant and capital equip- 
ment" may be made as provided in such appropriation Act. 

Sec. 106. Cooperative Powter Reactor Demonstration Program. — 
Section 111 of Public Law 85-162, as amended, is further amended by 
striking out the date "June 30, 1964" in clause (3) of subsection (a) 
and inserting in lieu thereof the date "June 30, 1965". 

Sec. 107. Fission Product Contracts. — (a) Without regard to 
section 3679 of the Revised Statutes, as amended, the Commission is 
authorized to enter into contracts for such periods of time as the 
Commission may deem necessary or desirable, for the purpose of 
making available fission products from Commission reactors, with or 
without charge for commercial application. 

(b) Any contract entered into by the Commission pursuant to this 
section shall be subject to termination by the Commission upon pay- 
ment of cancellation costs as provided in such contract, and any appro- 
priation presently or hereafter made available to the Commission shall 
be available for payment of such costs which may arise from termi- 
nation as the contract may provide. 

(c) Before the Commission enters into any arrangement or amend- 
ment thereto under the authority of this section, the basis for the 
proposed arrangement or amendment thereto which the Commission 
proposes to execute (with necessary background and explanatory data) 
shall be submitted to the Joint Committee, and a period of forty-five 
days shall elapse while*Congress is in session in computing such forty- 
five days, there shall be excluded the days on which either House is 
not in session because of adjournment of more than three days: 
Provided, however, That the joint Committee, after having received 
the basis for the proposed arrangement or amendment thereto, may 
by resolution in writing waive the conditions of, or all or any portion 
of, such forty-five day period. 

Approved June 30, 1964. 

Index to Legislative History oe Public Law 88-332 (H.R. 10945) 

(Page references are to daily editions of the Congressional Record, 88th Cong., 

2d sess.) 

H.R. 9712 introduced by Mr. Holifield (by request) January 22, 1964, 

929. 
S. 2450 (companion bill) introduced by Senator Pastore (by request) 

January 22, 1964, 767. 



215 

Hearings: Full Joint Committee on Atomic Energy, January 22, 23, 

27; February 3, 4, 7, 1964 (pt. I). February 5, 6, 18, 19, 20; March 4, 

1964 (pt. II). February 20, 25, 26, 27; March 2 and 3, 1964 (pt. III). 

Published under title "AEC Authorizing Legislation, Fiscal Year 

1965." 
H.R. 10945 introduced bv Mr. Holifield as "clean bill" to supersede 

H.R. 9712, April 20, 1964, 8147. 
S. 2755 (companion bill) introduced by Senator Pastore as "clean bill" 

to supersede S. 2450, April 21, 1964, 8329. 
House Report filed (H. Kept. No. 1332) April 21, 1964, 8325. 
Senate Report filed (S. Rept. No. 987) April 21, 1964, 8329. 
H.R. 10945 considered and passed in House May 7, 1964, 9966-79. 
H.R. 10945 considered and passed in Senate in lieu of S. 2755 June 22, 

1964, 14067-69. 
Examined and signed by Speaker of the House June 23, 1964, 14223. 
Examined and signed by President pro tempore of the Senate June 23, 

1964, 14226. 
Presented to the President June 24, 1964, 14454. 
H.R. 10945 approved by the President June 30, 1964, as Public Law 

88-332. 

Companion Bill — S. 2755 

S. 2450 introduced by Senator Pastore (by request) January 22, 1964, 

767. 
S. 2755 introduced by Senator Pastore as "clean bill" April 21, 1964, 

8329. 
Hearings : As listed above. 

PUBLIC LAW 89-32 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1966) 

[89th Congress, H.R. 8122] 

[June 2, 1965] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission in accordance 
with section 201 of the Atomic Energy Act of 1954, as amended, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. 

Sec. 101. There is hereby authorized to be appropriated to the 
Atomic Energy Commission in accordance with the provisions of sec- 
tion 261 of the Atomic Energy Act of 1954, as amended, the sum of 
$2,664,521,000 67 as follows : 

(a) For "Operating expenses," $2,260,776,000. 

(b) For "Plant and capital equipment" including construction, 
acquisition, or modification of facilities, including land acquisition; 

« 7 This figure was originally $2,555,521,000. Public Law 89-428 (80 Stat. 162), thp AEC 
fiscal year 1967 authorization act. amended the figure to read $2,004,821,000. Public Law 
90-56 (81 Stat. 124), the AEC fiscal vear 1968 authorization act amended the fisrure to 
read $2,655,621,000. Public Law 90-289 (82 Stat. 96). the AEC fiscal year 1969 authoriza- 
tion act. amended the fisrure to read $2,658,821,000. Public Law 02-84 (85 Stat. .".04). the 
fiscal year 1972 authorization act amended this figure to read $2,664,521,000. 



216 

construction planning and design ; and acquisition and fabrication of 
capital equipment not related to construction, $403,745,000 68 as 
follows : 

( 1 ) Special Nuclear Materials. — 

Project 66-1-a, sludge removal and waste transfer facility, 
Richland, Washington, 82,650,000. 

(2) Atomic Weapons. — 

Project 66-2-a, vibration test data and control facility, Sandia 
Base, New Orleans, $640,000. 

Project 66-2-b, weapons production, development, and test 
installations, $10,000,000. 

Project 66-2-c, electron-positron accelerator facility, Lawrence 
Radiation Laboratory, Livermore, California, $4,100,000. 

Project 66-2-d, environmental test facility, Lawrence Radia- 
tion Laboratory, Livermore, California, $5,500,000. 68a 

(3) Atomic Weapons. — 

Project 66-3-a, weapons test support facility, Los Alamos 
Scientific Laboratory, New Mexico, $1,300,000. 

Project 66-3-b, supplemental water supply, Los Alamos, New 
Mexico, $700,000. 

Project 66-3-c, physics analytical facility, Los Alamos Scien- 
tific Laboratory, New Mexico, $830,000. 

Project 66-3-d, explosive engineering area rehabilitation, Los 
Alamos Scientific Laboratory, New Mexico, $1,350,000. 

Project 66-3-e, warehouses, Nevada Test Site, Nevada, $680,000. 

Project 66-3-f , control point additions and modifications, phase 
II, Nevada Test Site, Nevada, $1,000,000. 

(4) Reactor Development. — 

Project 66-4-a, sodium pump test facility, $12,500,000. 68b g 

Project 66-4-b, electron linear accelerator, Oak Ridge National 
Laboratory, Tennessee, $4,800,000. 

Project 66-4-c, modifications to reactors, $3,000,000. 

Project 66-4—d, research and development test plants, Project 
Rover, Los Alamos Scientific Laboratory, New Mexico, and 
Nevada Test Site, Nevada, $3,000,000. 

Project 66^^e, re-entry burnup test facility, Sandia Base, New 
Mexico, $2,500,000. 

(5) Physical Research. — 

Project 66-5-a, low-energy accelerator improvements, Argonne 
National Laboratory, Illinois, $1,000,000. 

Project 66-5-b, bubble chamber and experimental area, 
Argonne National Laboratory, Illinois, $17,000,000. 

Project 66-5-c, accelerator improvements zero gradient syn- 
chrotron, Argonne National Laboratory, Illinois, $2,300,000. 

Project 66-5-d, accelerator and reactor additions and modifi- 
cations, Brookhaven National Laboratory, New York, $2,300,000. 



68 This figure was originally $294,745,000. Public Law 89-428 (SO Stat. 162), the AEC 
fiscal year 1967 authorization act. amended the figure to read $344,045,000. Public Law 
90-56 (81 Stat. 124), the AEC fiscal year 1968 authorization act, amended the figure 
to read $394,845,000. Public Law 90-289 (82 Stat. 96) the AEC fiscal year 1969 author- 
ization act, amended the figure to read $398,045,000. Public Law 92-84 (85 Stat. 304), 
the AEC fiscal year 1972 authorization act, amended the figure to read $403,745,000. 

e 8 * Public Law 90-2S9 (82 Stat. 96) (1968), sec. 106, amended this figure. Before 
amendment it was $2,300,000. 

6Sb Public Law 91-273 (84 Stat. 299) (1970). subsec. 105(b), added the words, "for 
design and Phase I construction." Public Law 92-84 (85 Stat. 304) (1971), subsec. 105 
(a), deleted those words and increased the figure from $6,800,000 to $12,500,000. 



217 

Project 66-5-e, alternating gradient synchrotron conversion, 
Brookhaven National Laboratory, New York, $47,800,000. 69 

Project 66-5-f, accelerator improvements, Cambridge and 
Princeton accelerators, $475,000. 

Project 66-5-g, accelerator improvements, Lawrence Radiation 
Laboratory, Berkeley, California, $1,425,000. 

Project 66-5-h, meson physics facility, Los Alamos Scientific 
Laboratory, New Mexico, $55,000,000. 70 

(6) Physical Research. — 

Project 66-6-a, solid state science building, Argonne National 
Laboratory, Illinois, $4,000,000. 

Project 66-6-b, alternating gradient synchrotron service build- 
ing addition, Brookhaven National Laboratory, New York, 
$1,600,000. 

Project 66-6-c, land acquisition, Brookhaven National Labora- 
tory, New York, $2,500,000.™ 

Project 66-6-d, electron linear accelerator facility, Massachu- 
setts Institute of Technology, Massachusetts, $4,600,000. 

(7) Biology and Medicine. — 

Project 66-7-a, virus control laboratory, Oak Ridge National 
Laboratory, Tennessee, $1,360,000. 

Project 66-7-b, co-carcinogenesis mammalian receiving, isola- 
tion, and control laboratory, Oak Ridge National Laboratory, 
Tennessee, $500,000. 

Project 66-7-c, animal laboratories, Brookhaven National Lab- 
oratory, New York, $975,000. 

Project 66-7-d, air conditioning, Argonne Cancer Research 
Hospital, Chicago, Illinois, $750,000. 

(8) Community. — 

Project 66-8-a, classroom additions, White Rock Elementary 
School, Los Alamos, New Mexico, $325,000. 

Project 66-8-b, classroom addition, Pueblo Junior High School, 
Los Alamos, New Mexico, $65,000. 

Project 66-8-c, classroom addition, Barranca Mesa Elementary 
School, Los Alamos, New Mexico, $225,000. 

Project 66-8-d, classroom addition, Los Alamos High School, 
Los Alamos, New Mexico, $360,000. 

Project 66-8-e, Bayo Canvon sewage disposal plant expansion, 
Los Alamos, New Mexico, $950,000. 

(9) General Plant Projects.— $42,325,000. 

(10) Construction Planning and Design. — $3,000,000. 

(11) Capital Equipment. — Acquisition and fabrication of capital 
equipment not related to construction. $158,360,000. 

Sec. 102. Limitations. — (a) The Commission is authorized to start 
any project set forth in subsections 101(b) (2), (4), and (5), only if 
the currentty estimated cost of that project does not exceed by more 
than 25 per centum the estimated cost set forth for that project, 

«> Public Law 80-428 (80 Stat. 1C2) (1060), sec. 106(b). amended this project. Before 
amendment it read : "Project 66-5-e, alternating gradient synchrotron conversion, Brook- 
haven National Laboratory. New York (AE only) .^$2,000,000." 

70 Public Law 90-56 (81 Stat. 124) (1967). 'sec. 106(a)(3). amended this project. Before 
amendment it road "Project 66-5-h meson physics facility. Los Alamos Scientific Labora- 
tory, New Mexico (AE only), $4,200,000." Public Law 89-428 (80 Stat. 162) (1966 
106(c), had earlier amended this projpct by changing the figure $1,200,000 to $4,200,000. 

- 1 Amonded by Public Law 89-42S (SO Stat. 162) (19G0). Prior to amendment figure was 
$2,000,000. 

65-234 — 76 15 



218 

(b) The Commission is authorized to start any project set forth in 
subsections 101(b) (1), (3), (6), (7), and (8), only if the currently 
estimated cost of that project does not exceed by more than 10 per 
centum the estimated cost set forth for that project. 

(c) The Commission is authorized to start a project under subsec- 
tion 101(b) (9) only if it is in accordance with the following: 

(1) For community operations, the maximum currently esti- 
mated cost of any project shall be $100,000 and the maximum 
currently estimated cost of any building included in such project 
shall be $10,000. 

(2) For all other programs, the maximum currently estimated 
cost of any project shall be $500,000 and the maximum currently 
estimated cost of any building included in such project shall be 
$100,000. 

(3) The total cost of all projects undertaken under subsection 
101(b) (9) shall not exceed the estimated cost set forth in that 
subsection by more than 10 per centum. 

Sec. 103. The Commission is authorized to use funds appropriated 
pursuant to this authorization, and other funds currently available 
to the Commission, for the purpose of performing construction design 
services for any Commission construction project whenever (1) such 
construction project has been included in a proposed authorization 
bill transmitted to the Congress by the Commission and (2) the Com- 
mission determines that the project is of such urgency that construc- 
tion of the project should be initiated promptly upon the enactment 
of legislation appropriating funds for its construction. 

Sec. 104. When so specified in an appropriation Act, transfers of 
amounts between "Operating expenses" and "Plant and capital equip- 
ment" may be made as provided in such appropriation Act. 

Sec. 105. Cooperative Power Reactor Demonstration Program. — 
Section 111 of Public Law 85-162, as amended, is further amended 
by striking out the date "June 30, 1965" in clause (3) of subsection 
(a) and inserting in lieu thereof the date "June 30, 1966". 

[Sec. 106. Large Seed-Blanket Reactor. — (a) The Commission is 
hereby authorized to enter into a cooperative arrangement with a 
State, its departments and agencies, or with privately, publicly, or 
cooperatively owned utilities or industrial organizations, for partic- 
ipation in the research and development, design, construction, and 
operation of a thorium seed-blanket nuclear powerplant, in accordance 
with the basis for an arrangement described in program justification 
data submitted by the Commission to the Joint Committee on Atomic 
Energy, without regard to the provisions of section 169 of the Atomic 
Energy Act of 1954, as amended, and authorization of appropriations 
therefor in the amount of $91,500,000 is included in section 101 of this 
Act. 

(b) Not in excess of $25,000,000 of the funds appropriated to the 
Commission pursuant to the authorization contained in subsection (a) 
of this section may be used by the Commission for the purpose of per- 
forming research and development on a thorium seed-blanket nuclear 
powerplant prior to execution of a contract pursuant to the authoriza- 
tion contained in subsection (a) of this section.] 72 

72 Sec. 106 of Public Law 89-32 (79 Stnt. 120) (1965) was rescinded by sec. 107 of 
Public Law 89-428 (80 Stat. 162) (1966) except for funds theretofore obligated. 



219 

Sec. 107. High-Temperature Gas-Cooled Power Reactor. — The 
Commission is hereby authorized to enter into a cooperative arrange- 
ment with a utility or group of utilities and an equipment manufac- 
turer or other industrial organization for participation in the research 
and development, design, construction, and operation of a high- 
temperature gas-cooled nuclear powerplant, in accordance with the 
basis for an arrangement described in the program justification data 
submitted by the Commission in support of this authorization for 
fiscal year 1966, without regard to the provisions of section 169 of the 
Atomic Energy Act of 1954, as amended, and authorization of appro- 
priations therefor in the amount of $40,863,000 is included in section 
101 of this Act : Provided, That the Commission is also authorized to 
waive use charges for special nuclear materials in connection with this 
project in an amount not to exceed $6,443,000, and to agree to purchase 
uranium enriched in the isotope 233 produced in and discharged from 
the reactor during the term of the cooperative arrangement without 
regard to the provisions of section 56 of the Atomic Energy Act of 
1954, as amended. 

Sec. 108. Rescissions. — (a) Public Law 87-701, as amended, is 
further amended by rescinding therefrom authorization for a project, 
except for funds heretofore obligated, as follows : 

Project 63-b—4, emergency duty personnel shelters, various 
sites, $4,000,000. 

(b) Public Law 88-72, as amended, is further amended by rescind- 
ing therefrom authorization for a project, except for funds heretofore 
obligated, as follows: 

Project 64-e-8, modifications to CAXEL facilities, Middle- 
town, Connecticut, $1,455,000. 

(c) Section 111 of Public Law 87-701, as amended, is rescinded. 

(d) Section 105 of Public Law 88-72, as amended, is rescinded. 

(e) Section 106 of Public Law 88-72, as amended, is rescinded. 
Approved June 2, 1965. 

Index to Legislative History or Public Law 89-32 (H.R. 8122) 

(Page references are to daily editions of the Congressional Record, 89th Cong., 

1st sess.) 

H.R. 3597 introduced bv Mr. Holifield (by request) January 26, 1965, 
1186. 

Healings: Full Joint Committee on Atomic Energv, January 27; 
February 2, 3, 4, 10, 16; and March 10, 1965 (pt. I). February 8, 9, 
10. and April 8, 1965 (pt. II). March 11, 18, 19, 24, and April 13, 
1965 (\)t. Ill) . Published in three volumes under title "AEC Author- 
izing Legislation Fiscal Year 1966." 

H.R. 8122 introduced bv Mr. Holifield as "clean bill" to supersede 
H.R. 3597, May 12, 1965, 9937. 

House Report filed (H. Rept. Xo. 349) May 13, 1965, 10136. 

Senate Report filed (S. Rept. Xo. 191) May 14. 1965. 10130. 

H.R. 8122 considered and passed in House May 20, 1965, 10742-10765. 

H.R. 8122 considered and passed in Senate in lieu of S. 1957 May 24, 
1965, 10962-10966. 



220 

Examined and signed by Speaker of the House May 20, 1965, 10742. 
Examined and signed by President pro tempore of the Senate May 25, 

1965, 11196. 
Presented to the President May 26, 1965, 11299. 
H.R. 8122 approved by the President June 2, 1965, as Public Law 

89-32. 

Companion Bill — S. 1957 

S. 700 introduced by Senator Pastore (by request) January 26, 1965, 

1212. 
Hearings: As listed above. 
S. 1957 introduced bv Senator Pastore as "clean bill" to supersede 

S. 700, May 12, 1965, 9942. 
Senate Report filed (S. Kept. No. 191) May 14, 1965, 10130. 
Indefinitely postponed (identical bill H.R. 8122 passed in lieu of). 

May 24, 1965, 10966. 

PUBLIC LAW 89-428 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1967) 

[89th Congress, H.R. 14732] 

[May 21, 1966] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States o f America in Congress assembled, 

Sec. 101. There is hereby authorized to be appropriated to the 
Atomic Energy Commission in accordance with the provisions of sec- 
tion 261 of the Atomic Energy Act of 1954, as amended, the sum of 
$2,290,658,000 72a as follows : 

(a) For "Operating expenses", $1,964,128,000. 

(b) For "Plant angl capital equipment", including construction, 
acquisition, or modification of facilities, including land acquisition; 
construction planning and design; and acquisition and fabrication of 
capital equipment not related to construction, $326,530,000 72b as 
follows : 

(1) Special Nuclear Materials. — 

Project 67-1-a, isotopes process development laboratory, Savannah 
River, South Carolina, $2,000,000. 

(2) Atomic Weapons. — 

Project 67-2-a, diagnostic chemistry building addition, Lawrence 
Radiation Laboratory, Livermore, California. $1,600,000. 

Project 67-2-b, weapons production, development, and test in- 
stallations, $10,000,000. 



72 » Public Law 90-56 (81 Stat. 124) (1967), sec. 106(b) (1), amended tbis figure. Prior to 
amendment figure was $2,210,658,000. 

T2b Public Law 90-56 (81 Stat. 124) (1967), sec. 106(b) (2), amended this figure. Prior to 
amendment figure was $246,530,000. 



221 

(3) Reactor Development. — 

Project 67-3-a, fast flux test facility, $420,000,000."° 

Project 67-3-b, modifications and additon to reactor facilities, West 
Milton, New York, $10,000,000. 72d 

Project 67-3-c, research and development test plants, Project Rover, 
Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site, 
Nevada, $2,000,000. 

Project 67-3-d, fast neutron generator, Argonne National Labora- 
tory, Illinois, $1,900,000. 

[Project 67-3-e, heavy water organic cooled reactor (AE only), 
$2,000,000.] 72e 

Project 67-3-f, modifications to reactors, $3,000,000. 

(4) Physical Research. — 

Project 67-4-a, low energy accelerator improvements, Argonne Na- 
tional Laboratory, Illinois, $400,000. 

Project 67^-b, accelerator improvements, zero gradient synchro- 
tron, Argonne National Laboratory, Illinois, $2,000,000. 

Project 67^r-c, accelerator and reactor additions and modifications, 
Brookhaven National Laboratory, New York, $800,000. 

Project 67-4— d, accelerator improvements, Lawrence Radiation Lab- 
oratory, Berkeley, California, $1,550,000. 

Project 67-4-e, accelerator improvements, Cambridge and Princeton 
accelerators, $1,850,000. 

Project 67-4-f, accelerator improvements, Stanford Linear Accel- 
erator Center, California, $400,000. 

(5) Biology and Medicine. — 

Project 67-5-a, biology laboratory, Pacific Northwest Laboratory, 
Richland, Washington, $5,000,000. 

(6) Isotopes Development. — 

Project 67-6-a, alpha fuels environmental test facility, Mound Lab- 
oratory, Miamisburg, Ohio, $3,000,000. 

(7) General Plant Projects.— $39,325,000. 

(8) Construction Planning and Design. — $2,000,000. 

(9) Capital Equipment. — Acquisition and fabrication of capital 
equipment not related to construction, $150,205,000. 

Sec. 102. Limitations. — (a) The Commission is authorized to start 
any project set forth in subsections 101(b) (1), (2), (3), (4), and 
(6) only if the currently estimated cost of that project does not exceed 
by more than 25 per centum the estimated cost set forth for that 
project. 

(b) The Commission is authorized to start any project set forth in 
subsection 101(b)(5) only if the currently estimated cost of that 
project does not exceed by more than 10 per centum the estimated 
cost set forth for that project. 

« c Public Law 93-276 (88 Stat. 115) (1974). sec. 107(a) amended this figure. Prior to 
amendmpnt the figure was "$87,500,000." Public Law 90-56 (81 Stat. 124) (1967). sec. 
106(b)(3) had previously amended this project. Before amendment it read: "Project 
67-3-a, fast flux test facility (AE only), $7,500,000." 

72d Public Law 90-56 (81 Stat. 124) (1967), sec. 106(b) (4), amended this project. Before 
amendment it read : "Project 67-3-b. modifications and addition to S1W reactor facility. 
National Reactor Testing Station, Idaho. $10,000,000." 

72e Public Law 90-56 (81 Stat. 124) (1967), sec. 107(b), rescinded authorization for this 
project. 



222 

(c) The Commission is authorized to start a project under subsec- 
tion 101 (b) (7) only if it is in accordance with the following : 

(1) For community operations, the maximum currently esti- 
mated cost of any project shall be $100,000 and the maximum 
currently estimated cost of any building included in such project 
shall be $10,000. 

(2) For all other programs, the maximum currently estimated 
cost of any project shall be $500,000 and the maximum currently 
estimated cost of any building included in such project shall be 
$100,000. 

(3) The total cost of all projects undertaken under subsection 
101(b)(7) shall not exceed the estimated cost set forth in that 
subsection by more than 10 per centum. 

Sec. 103. The Commission is authorized to perform construction 
design services for any Commission construction project whenever 
(1) such construction project has been included in a proposed authori- 
zation bill transmitted to the Congress by the Commission and (2) the 
Commission determines that the project is of such urgency that con- 
struction of the project should be initiated promptly upon enactment 
of legislation appropriating funds for its construction. 

Sec. 104. When so specified in an appropriation Act transfers of 
amounts between "Operating expenses" and "Plant and capital equip- 
ment" may be made as provided in such appropriation Act. 

Sec. 105. Cooperative Power Reactor Demonstration Program. — 
Section 111 of Public Law 85-162. as amended, is further amended by 
striking out the date "June 30, 1966" in clause (3) of subsection (a) 
and inserting in lieu thereof the date "June 30, 1967". 

Sec. 106. Amendment of Prior Year Act. — (a) Section 101 of 
Public Law 89-32 is amended by striking therefrom the figure 
"$2,555,521,000" and substituting therefor the figure "$2,604,821,000", 
and subsection (b) thereof is amended by striking therefrom the figure 
"8204.745.000" and substituting therefor the figure "$344,045,000". 

(b) Section 101 (b) (5) of Public Law 89-32 is amended by striking 
therefrom "Project 66-5-e. alternating gradient synchrotron conver- 
sion. Brookhaven National Laboratory, New York (AE only) 
$2,000,000," and substituting therefor "Project 66-5-e, alternating 
gradient synchrotron conversion, Brookhaven National Laboratory, 
New York. $47,800,000." 

(c) Section 101 (b) (5) of Public Law 89-32 is amended by striking 
therefrom the figure "$1,200,000" for project 66-5-h. meson physics 
facility. Los Alamos Scientific Laboratory, New Mexico (AE only), 
and substituting therefor the figure "$4,200,000". 

(d) Section 101 (b) (6) of Public Law 89-32 is amended by striking 
therefrom the figure "$2,000,000" for project 66-6-c, land acquisition, 
Brookhaven National Laboratory, New York, and substituting there- 
for the figure "$2,500,000". 

Sec. 107. Rescission. — Section 106 of Public Law 89-32, except for 
funds heretofore obligated, is rescinded. 

Sec. 108. Large-Scale Combination Nuclear Power-Desaltixg 
Project. — The Commission is hereby authorized to enter into a coop- 
erative arrangement, in association with the Department of the Inte- 
rior, with the Metropolitan Water District of Southern California, 
with privately, publicly, or cooperatively owned utilities, or others, 



223 

for participation in a large-scale nuclear power-desalting project 
involving the development, design, construction, and operation of a 
desalting plant, back pressure turbine, and a nuclear powerplant or 
plants that will also be utilized for the generation of electric energy, 
in accordance with the basis for an arrangement described in the pro- 
gram justification data submitted by the Commission in support of 
this authorization for fiscal year 1967 without regard to the provisions 
of section 169 of the Atomic Energy Act of 1954, as amended : Pro- 
vided further, That appropriations in the amount of $15,000,000 are 
hereby authorized for the Commission's participation in this project ; 
and the Commission's cooperative assistance shall pertain to the dual- 
purpose aspects of the project; the siting and related design of the 
plants ; and the coupling of the desalting plant with the back pressure 
turbine and the nuclear powerplants ; or to other aspects of the project 
pertaining to interrelationship of nuclear power and desalting. 73 
Approved May 21, 1966. 

Index to Legislative History of Public Law 89-428 (H.R. 14732) 

(Page references are to daily editions of the Congressional Record, 89th Cong., 

2d sess.) 

H.R. 12292 introduced by Mr. Holifield (by request) January 25, 
1966,1048. 

Hearings: Full Joint Committee on Atomic Energy, January 25: 
February 15; March 4 and 8, 1966 (pt. I). February 16, 17, March 
3, 15, and 16, 1966 (pt. II). February 2, March 8, 9, 10, 11, and 15, 
1966 (pt. III). Published in three volumes under title "AEC Au- 
thorizing Legislation, Fiscal Year 1967." 

H.R. 14732 introduced by Mr. Holifield as a "clean bill" to super- 
sede H.R. 12292, April 28, 1966, 8862. 

House report filed (H. Rept. No. 1471) May 3, 1966, 9326. 

H.R. 14732 considered and passed in House, May 9, 1966, 9539-9550. 

H.R. 14732 considered and passed in Senate in lieu of S. 3293, May 
10, 1966, 9685-9687. 

Examined and signed by Speaker of the House May 12, 1966, 10029. 

Examined and signed bv Vice President Mav 16, 1966, 10116. 

Presented to the President May 16, 1966, 10114. 

H.R. 14732 approved by the President May 21, 1966, as Public Law 
89-428. 

Companion Bill— S. 3293 

S. 2823 introduced by Senator Pastore (by request) January 26, 1966, 

Hearings: As listed above. 

S. 3293 introduced bv Senator Pastore as "clean bill" to supersede 

S. 2823, April 28, 19*66. 8866. 
Senate report filed (S. Rept. No. 1142) Mav 3. 1966, 9066. 
Indefinitely postponed (identical bill H.R." 14732 passed in lieu of), 

May 10, 1966, 9687. 

/iQ««\ lb »! lc "fey 89 - 648 < so sta t- 895) (1966), amended Public Law S9-42S (SO Stat. 162) 
(1966) by adding section 108 thereto. 



224 

Amendment to Public Law 89-428 

[Public Law 89-648] 

[89th Congress, S. 3807] 

[October 13, 1966] 

AN ACT 

To amend Public Law 89-428 to authorize the Atomic Energy Commission to enter 
into a cooperative arrangement for a large-scale combination nuclear power- 
desalting project, and appropriations therefor, in accordance with section 261 
of the Atomic Energy Act of 1954, as amended. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That Public Law 
89-428 as hereby amended by adding a new section as follows: 

"Sec. 108. Large-Scale Combination Nuclear Power-Desalting 
Project. — The Commission is hereby authorized to enter into a co- 
operative arrangement, in association with the Department of the 
Interior, with the Metropolitan Water District of Southern California, 
with privately, publicly, or cooperatively owned utilities, or others, 
for participation in a large-scale nuclear power-desalting project in- 
volving the development, design, construction, and operation of a 
desalting plant, back pressure turbine, and a nuclear powerplant or 
plants that will also be utilized for the generation of electric energy, 
in accordance with the basis for an arrangement described in the pro- 
gram justification data submitted by the Commission in support of this 
authorization for fiscal year 1967 without regard to the provisions of 
section 169 of the Atomic Energy Act of 1954, as amended : Provided 
further, That appropriations in the amount of $15,000,000 are hereby 
authorized for the Commission's participation in this project; and the 
Commission's cooperative assistance shall pertain to the dual-purpose 
aspects of the project; the siting and related design of the plants; and 
the coupling of the desalting plant with the back pressure turbine and 
the nuclear powerplants; or to other aspects of the project pertaining 
to interrelationship of nuclear power and desalting." 

Approved October 13, 1966. 



Index to Legislative History of Public Law 89-648 (S. 3807) 

(Page references are to daily editions of the Congressional Record, 89th Cong., 

2d sess.) 

S. 3807 introduced by Senator Pastore (by request) September 7, 1966, 

20974. 
Hearings: September 14, 1966, before full Joint Committee on Atomic 

Energy. Published under title "Proposed Large-Scale Combination 

Nuclear Power-Desalting Project." 
Reported (S. Kept. No. 1622) September 28, 1966, 23250. 
Passed Senate September 29, 1966, 23416-23417. 
Passed House in lieu of H.R. 17558 October 3, 1966, 23876-23880. 



225 

Examined and signed by the Speaker of the House October 4, 19C6, 

24074. 
Examined and signed by the President pro tempore of the Senate 

October 5, 1966, 24184. 
Presented to the President October 5, 1966, 24194. 
Approved as Public Law 89-648 October 13, 1966. 

Companion Bill — H.R. 17558 

H.R. 17558 introduced by Mr. Holifield (by request) September 7, 
1966, 21103. 

Hearings: As listed above. 

Reported (H. Rept. No. 2145) September 28, 1966, 23246. 

Indefinitely postponed (identical bill S. 3807 passed in lieu of) Octo- 
ber 3, 1966, 23876-23880. 

PUBLIC LAW 90-56 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1968) 

[90th Congress, H.R. 10918] 

[July 26, 1967] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

Sec. 101. There is hereby authorized to be appropriated to the 
Atomic Energy Commission in accordance with the provisions of 
section 261 of the Atomic Energy Act of 1954, as amended : 

(a) For "Operating expenses", $2,164,843,000. 

(b) For "Plant and capital equipment", including construction, 
acquisition, or modification of facilities, including land acquisition; 
and acquisition and fabrication of capital equipment not related to 
construction, a sum of dollars equal to the total of the following : 

(1) Special Nuclear Materials. — 

Project 68-1-a, hot laboratory, New Brunswick, New Jersey, 
$1,000,000. 

Project 68-1-b, replacement waste storage tanks, Richland, Wash- 
ington, $2,500,00. 

(2) Atomic Weapons. — 

Project 68-2-a, new weapons production capabilities, various loca- 
tions, $285,000,000. 74 

Project 68-2-b, weapons production, development, and test installa- 
tions, $10,000,000. 

(3) Reactor Development. — 

Project 68-3-a, research and development test plants, Project Rover, 
Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site, 
Nevada, $2,000,000. 

7 * Public Law 90-280 (82 Stat. 96) (1068), sec. 106, amended this figure. Before amend- 
ment it was $100,500,000. 



226 

Project 68-3-b, isotopic space systems facility, Sandia Base, New 
Mexico. $2,250,000. 74a 
Project 68-3-c, modifications to reactors, $1,000,000. 

(4) Physical Research. — 

Project 68^4— a, accelerator and reactor additions and modifications, 
Brookhaven National Laboratory, New York, $1,095,000. 

Project 68-4-b, accelerator improvements, zero gradient synchro- 
ton, Argonne National Laboratory, Illinois, $1,900,000. 

Project 68-4r-c, accelerator improvements, Lawrence Radiation 
Laboratory, Berkeley, California, $1,740,000. 

Project 68-4-d, accelerator improvements, Cambridge and Prince- 
ton accelerators, $400,000. 

Project 68^-e, accelerator improvements, Sanford Linear Accelera- 
tor Center, California, $865,000. 

Project 68-4— f, 200 Bev accelerator, Du Page and Kane Counties 
near Chicago, Illinois, $250,000,000. 75 

Project 68-4-g, laboratory and energy storage facility, Los Alamos 
Scientific Laboratory, New Mexico, $8,500,000. 

(5) Training, Education and Information. — 

Project 68-5-a, addition to biomedical building, Rio Piedras, Puerto 
Rico, $1,400,000. 

(6) General Plant Projects.— $39,175,000. 

(7) Capital Equipment. — Acquisition and fabrication of capital 
equipment not related to construction, $156,575,000. 

Sec. 102. Limitations. — (a) The Commission is authorized to start 
any project set forth in subsections 101(b) (1), (2), (3), and (4) only 
if the currently estimated cost of that project does not exceed by more 
than 25 per centum the estimated cost set forth for that project. 

(b) The Commission is authorized to start the project set forth in 
subsection 101(b)(5) only if the currently estimated cost of that 
project does not exceed by more than 10 per centum the estimated cost 
set forth for that project. 

(c) The Commission is authorized to start a project under subsec- 
tion 101 (b)(6) only if it is in accordance with the following : 

(1) The maximum currently estimated cost of any project shall 
be $500,000 and the maximum currently estimated cost of any 
building included m such project shall be $100,000, provided that 
the building cost limitation may be exceeded if the Commission 
determines that it is necessary in the interest of efficiency and 
economy. 

(2) The total cost of all projects undertaken under subsection 
101(b) (6) shall not exceed the estimated cost set forth in that 
subsection by more than 10 per centum. 

Sec. 103. The Commission is authorized to perform construction 
design services for any Commission construction project whenever 
(1) such construction project has been included in a proposed author- 
ization bill transmitted to the Congress by the Commission and (2) the 
Commission determines that the project is of such urgency that con- 

7 *» Public Law 92-84 (85 Stat. 304) (1971), sec. 106, rescinded authorization for 
Project 68-3-b except to the extent funds had been obligated. 

75 This figure was originally $7,333,000 Public Law 90-289 (82 Stat. 96) (1968). sec. 
106 amended the figure to read $32,333,000. Public Law 91-44 (83 Stat. 46) (1969), sec. 
105, increased this figure to $250,000,000. 



227 

9truction of the project should be initiated promptly upon enactment 
of legislation appropriating funds for its construction. 

Sec. 104. When so specified in an appropriation Act, transfers of 
amounts between "Operating expenses" and "Plant and capital equip- 
ment" may be made as provided in such appropriation Act. 

Sec. 105. Cooperative Power Reactor Demonstration Program. — 
Section 111 of Public Law 85-162, as amended, is further amended by 
striking out the date "June 30, 1967" in clause (3) of subsection (a) 
and inserting in lieu thereof the date "June 30, 1968". 

Sec. 106. Amendment of Prior Year Acts. — (a) Section 101 of 
Public Law 89-32, as amended, is further amended bv (1) striking 
therefrom the figure "$2,604,821,000", and substituting therefor the 
figure "$2,655,621,000"; (2) striking from subsection (b) thereof the 
figure "$344,045,000", and substituting therefor the figure "$394,845.- 
000"; and (3) striking from subsection (b)(5) thereof "Project 66- 
5-h, meson phvsics facilitv, Los Alamos Scientific Laboratory, New 
Mexico (AE only), $4,200,000", and substituting therefor "Project 
66-5-h, meson phvsics facility, Los Alamos Scientific Laboratory, 
New Mexico, $55,000,000". 

(b) Section 101 of Public Law 89-428, as amended, is further 
amended by (1) striking therefrom the figure "$2,210,658,000", and 
substituting therefor the figure "$2,290,658,000"; (2) striking from 
subsection (b) thereof the figure "246,530,000", and substituting there- 
for the figure "$326,530,000"; (3) striking from subsection (b)(3) 
thereof "Project 67-3-a, fast flux test facility (AE only), $7,500,000", 
and substituting therefor "Project 67-3-a, fast flux test facilitv, 
$87,500,000"; and (4) striking from subsection (b) (3) thereof "Proj- 
ect 67-3-b, modifications and addition to S1W reactor facilitv, 
National Reactor Testing Station, Idaho, $10,000,000". and substitut- 
ing therefor "Project 67-3-b, modifications and addition to reactor 
facilities, West Milton, Xew York, $10,000,000". 

Sec. 107. Rescissions. — (a) Public Law 88-72, as amended, is fur- 
ther amended by rescinding therefrom authorization for a project, 
except for funds heretofore obligated, as follows : 

Project 64-e-3, SNAP development and test facilities, Santa 
Susana, California, $500,000. 

(b) Public Law 89-428, as amended, is further amended by rescind- 
ing therefrom authorization for a project as follows : 

Project 67-3-e, heavy water organic cooled reactor (AE onlv), 
$2,000,000. 

Approved July 26, 1967. 

Index to Legislative History of Public Law 90-56 (H.R. 10918) 

(Page references are to daily editions of the Congressional Record, 90th Cong. 

1st sess.) 

H.R. 3647 introduced by Mr. Holifield (by request) January 24, 1967, 
H594. 

Hearings: Full Joint Committee on Atomic Energy, January 25, Feb- 
ruary 7, 8. 9, and 28. 1967: Subcommittee on Research, Development, 
and Radiation on Management and Scope of the Proposed 200-Bev 
Accelerator, February 15 and 16, 1967 (Part 1). March 14 and 15, 



228 

1967 (Part 2) . February 28, March 2 and 3, 1967 (Part 3) . Published 

in three volumes under title "AEC Authorizing Legislation, Fiscal 

Year 1968." 
H.R. 10918 introduced by Mr. Holifield as a "clean bill' to supersede 

H.R. 3647, June 15, 1967, H7371. 
House report filed (H. Kept. No. 369) June 19, 1967, H7468. 
H.R. 10918 considered and passed m House, June 29, 1967, H8287- 

H8313. 
H.R. 10918 considered and passed in Senate in lieu of S. 1963, July 12, 

1967, S9484-S9521. 
Examined and signed by the Speaker of the House, July 13, 1967, 

H8728. 
Examined and signed by Vice President, July 14, 1967, S9685. 
Presented to the President, July 14, 1967, H8804. 
H.R. 10918 approved by the President, July 26, 1967, as Public Law 

90-56. 

Companion Bill— S. 1963 

S. 611 introduced by Senator Pastore (by request) January 24, 1967, 

S761. 
Hearings : As listed above. 
S. 1963 introduced by Senator Pastore as "clean bill" to supersede 

S. 611, June 16, 1967, S8344. 
Senate report filed (S. Rept. No. 349) June 23, 1967, S8655. 
Indefinitely postponed (identical bill H.R. 10918 passed in lieu of), 

July 12, 1967, S9484-S9521. 



PUBLIC LAW 90-289 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1969) 

[90th Congress, H.R. 16324] 

[April 19, 1968] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

Sec. 101. There is hereby authorized to be appropriated to the 
Atomic Energy Commission in accordance with the provisions of sec- 
tion 261 of the Atomic Energy Act of 1954, as amended : 

(a) For "Operating expenses", $2,174,550,000, not to exceed $119,- 
400,000 in operating costs for the High Energy Physics program 
category. 

(b) For "Plant and capital equipment", including construction, ac- 
quisition, or modification of facilities, including land acquisition ; and 
acquisition and fabrication of capital equipment not related to con- 
struction, a sum of dollars to the total of the following: 

(1) Special Nuclear Materials. — 

Project 69-1-a, powder metallurgy facility, Savannah River, South 
Carolina, $700,000. 



229 

Project 69-1-b, waste storage tanks, Savannah River, South Caro- 
lina, $3,500,000. 

(2) Special Nuclear Materials. — 
Project 69-2-a, calcined solids storage facility additions, National 

Reactor Testing Station, Idaho, $2,100,000. 

(3) Atomic Weapons. — 
Project 69-3-a, rehabilitation of plutonium processing site, Los 

Alamos Scientific Laboratory, New Mexico, $3,500,00. 

Project 69-3-b, weapons production, development, and test installa- 
tions, $10,000,000. 

(4) Reactor Development. — 

Project 69-4-a, hot fuel examination facility, National Reactor Test- 
ing Station, Idaho, $10,200,000. 

Project 69-4-b, modifications to EBR-II and related facilities, Na- 
tional Reactor Testing Station, Idaho, $2,000,000. 

Project 69-4r-c, research and development test plants, Project Rover, 
Los Alamos Scientific Laboratory, New Mexico, and Nevada Test 
Site, Nevada, $1,000,000. 

Project 69-4-d, modifications to reactors, $1,000,000. 

(5) Physical Research. — 
Project 69-5-a, accelerator and reactor additions and modifications, 

Brookhaven National Laboratory, New York, $600,000. 

Project 69-5-b, accelerator improvements, zero gradient synchro- 
tron, Argonne National Laboratory, Illinois, $875,000. 

Project 69-5-c, accelerator improvements, Lawrence Radiation 
Laboratory, Berkeley, California, $750,000. 

Project 69-5-d, accelerator improvements, Cambridge and Princeton 
accelerators, $145,000. 

Project 69-5-e, accelerator improvements, Stanford Linear Acceler- 
ator Center, California, $630,000. 

Project 69-5-f, omnitron accelerator, Lawrence Radiation Labora- 
tory, Berkeley, California (AE only), $1,000. 

(6) General Plant Projects.— $37,010,000. 

(7) Capital Equipment. — Acquisition and fabrication of capital 
equipment not related to construction, $175,040,000. 

Sec. 102. Limitations. — (a) The Commission is authorized to start 
any project set forth in subsections 101(b) (1), (3), (4), and (5) only 
if the currently estimated cost of that project does not exceed by more 
than 25 per centum the estimated cost set forth for that project. 

(b) The Commission is authorized to start any project set forth in 
subsection 101(b)(2) only if the currently estimated cost of that 
project does not exceed by more than 10 per centum the estimated cost 
set forth for that project. 

(c) The Commission is authorized to start a project under subsec- 
tion 101(b) (6) only if it is in accordance with the following: 

(1) The maximum currently estimated cost of any project shall 
be 8500,000 and the maximum currently estimated cost of any 
building included in such project shall be $100,000, provided 
that the building cost limitation may be exceeded if the Commis- 
sion determines that it is necessary in the interest of efficiency 
and economy. 



230 

(2) The total cost of all projects undertaken under subsection 
101(b) (6) shall not exceed the estimated cost set forth in that 
subsection by more than 10 per centum. 

Sec. 103. The Commission is authorized to perform construction 
design service for any Commission construction project whenever (1) 
such construction project has been included in a proposed authoriza- 
tion bill transmitted to the Congress by the Commission and (2) the 
Commission determines that the project is of such urgency that con- 
struction of the project should be initiated promptly upon enactment 
of legislation appropriating funds for its construction. 

Sec. 104. When so specified in an appropriation Act, transfers of 
amounts between "Operating expenses" and "Plant and capital equip- 
ment" may be made as provided in such appropriation Act. 

Sec. 105. Cooperative Power Reactor Demonstration Program. — ■ 
Section 111 of Public Law 85-162, as amended, is further amended 
by striking out the date "June 30, 1968" in clause (3) of subsection 
(a) and inserting in lieu thereof the date "June 30, 1969". 

Sec. 106. Amendment of Prior Year Acts. — (a) Section 101(b) 
of Public Law 90-56 is amended by (1) striking from subsection (2) 
thereof the figure "$100,500,000" for project 68-2-a, new weapons 
production capabilities, various locations, and substituting therefor 
the figure "$285,000,000"; and (2) striking from subsection (4) thereof 
the figure "$7,333,000" for project 68^-f, 200 Bev accelerator, Du 
Page and Kane Counties near Chicago, Illinois, and substituting there- 
for the figure "32,333,000". 76 

(b) Section 101 of Public Law 89-32, as amended, is further 
amended by (1) striking therefrom the figure "$2,655,621,000" and 
substituting therefor the figure "$2,658,821,000"; (2) striking from 
subsection (b) thereof the figure "$394,845,000" and substituting there- 
for the figure $398,045,000"; and (3) striking from subsection (b) (2) 
thereof the figure "$2,300,000" for project 66-2-d, environmental test 
facilitv, Lawrence Radiation Laboratory. Livermore, California, and 
substituting therefor the figure "$5,500,000". 

Sec. 107. Recission. — Public Law 88-332, as amended, is further 
amended by rescinding therefrom authorization for a project, except 
for funds heretofore obligated and such additional funds as may be 
necessary to close out the project, as follows : 

Proiect 65-5-a, Argonne advanced research reactor, Argonne Na- 
tional Laboratorv. Illinois, $25,000,000. 

Approved April 19, 1968. 

Index to Legislative History of Public Law 90-289 (H.R. 16324) 

(Page references are to daily editions of the Congressional Record, 90th Cong., 

2d sess.) 

H.R. 14905 introduced by Mr. Holifield (by request) January 29, 1968, 

H475. 
Hearings: Full Joint Committee on Atomic Energy, Januarv 30, 31, 

February 5 and 6, 1968, (Part 1). February 7 and 21, 1968 (Part 2). 



76 See footnote 75, supra. 



231 

Published in two volumes under title "AEC Authorizing Legisla- 
tion Fiscal Year 1969." Record of executive hearings, February 8 
and 20, 1968, published in separate volume "Naval Nuclear Pro- 
pulsion Program— 1967-68". 

H.R. 16324 introduced by Mr. Holifield as "clean" bill to supersede 
H.R. 14905, April 1, 1968, H2430. 

House report filed (H. Kept. No. 1266) April 2, 1968, H2503. 

H.R. 16324 considered and passed in House, April 4, 1968, H2581- 
H2610. 

H.R. 16324 considered and passed in Senate in lieu of S. 3262, 
April 8, 1968, S3921-S3930. 

Examined and signed by the Speaker of the House April 10, 1968, 
S3955. 

Examined and signed by the Vice President April 10, 1968, S3955. 

Presented to the President April 10, 1968, H2868. 

H.R. 16324 approved by the President April 19, 1968 as Public Law 
90—289. 

Companion Bill— S. 3262 

S. 2880 introduced by Senator Anderson (for himself and Mr. Pas- 
tore) (by request) January 29, 1968, S537. 

Hearings : As listed above. 

S. 3262 introduced by Senator Anderson (for himself and Mr. Pas- 
tore) as "clean" bill to supersede S. 2880, March 29, 1968, S3601. 

Senate report filed (S. Rept. No. 1074), April 3, 1968, S3803. 

Indefinitely postponed (identical bill H.R. 16324 passed in lieu of), 
April 8, 1968, S3921-S3930. 



PUBLIC LAW 91-44 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1970) 

[91st Congress, H.R. 12167] 

[July 11, 1969] 

AX ACT 

To authorize appropriations to the Atomic Enersy Commission in accordance 
with section 281 of the Atomic Energy Act of 1954, as amended, and for other 

purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That: 

Sec. 101. There is hereby authorized to be appropriated to the 
Atomic Energy Commission in accordonce with the provisions of 
section 261 of the Atomic Energy Act of 1954, as amended : 

(a) For "Operating expenses", $1,967,050,000, not to exceed $121,- 
000,000 in operating costs for the High Energy Physics program 
category. 

(b) For "Plant and capital equipment", including construction, 
acquisition, or modification of facilities, including land acquisition; 



232 

and acquisition and fabrication of capital equipment not related to 
constructon, a sum of dollars equal to the total of the following : 

(1) Special Nuclear Materials. — 

Project 70-1-a, waste storage tanks and tank farm waste handling 
systems, Richland, Washington, $10,000,000. 

[Project 70-1-b, bedrock waste storage ( AE and site selection drill- 
ing only), Savannah River, South Carolina, $4,300,000.] 76a . 

Project 70-1-c, waste encapsulation and storage facilities, Richland, 
Washington, $10,750,000." 

Project 70-1-d, contaminated water control facilities, Savannah 
River, South Carolina, $1,500,000. 

Project 70-1-e, equipment test facility, Oak Ridge, Tennessee, 
$5,700,000. 

(2) Special Nuclear Materials. — 

Project 70-2-a, rebulding of gaseous diffusion plant cooling tower, 
Portsmouth, Ohio, $l,000,000. 77a 

Project 70-2-b, improvement of gaseous diffusion plant electrical 
distribution systems, Paducah, Kentucky, $1,700,000. 

(3) Atomic Weapons. — Project 70-3-a, weapons production, devel- 
opment and test installations, $10,000,000. 

(4) Reactor Development. — 

Project 70-4-a, high temperature sodium facility, Pacific Northwest 
Laboratory, Richland, Washington, $6,300,000. 

Project 70-4— b, research and development test plans, Project Rover, 
Los Alamos Scientific Laboratory, New Mexico, and Nevada Test site, 
Nevada, $l,000,000. 77a 

Project 70-4-c, modifications and alterations to expended core facil- 
ity, National Reactor Testing Station, Idaho, $4,400,000. 

Project 70-4-d, modifications to reactors, $1,000,000. 

(5) Reactor Development. — Project 70-5- a, conversion of heating 
plant to natural gas, Argonne National Laborator}- , Illinois, $860,000. 78 

(6) Physical Research. — 

Project 70-6-a, accelerator improvements, zero gradient synchro- 
tron, Argonne National Laboratory, Illinois, $650,000. 

Project 70-6-b, accelerator and reactor additions and modifications, 
Brookhaven National Laboratory, New York, $700,000. 

Project 70-6-c, accelerator improvements, Cambridge and Princeton 
accelerators, $200,000. 

Project 70-6-d, accelerator improvements, Lawrence Radiation Lab- 
oratory, Berkeley, California, $680,000. 

Project 70-6-e, accelerator improvements, Stanford Linear Accel- 
erator Center, California, $640,000. 

Project 70-6-f, accelerator improvements, medium and low energy 
physics, $130,000. 

7« a Public Law 92-314 (84 Stat. 209) (1972), subsec. 105(a). increased tbe amount 
authorized from the original $1,300,000. Public Law 93-276 (88 Stat. 115) (1974), subsec. 
108(a) rescinded the authorization for this project except for funds previously obligated. 

■"Public Law 91-273 (84 Stat. 299) (1970), subsec. 105(c) removed the limitation 
"AE only" and increased the amount authorized from the original $1,200,000. 

**» Public Law 92-314 (84 Stat. 209) (1972), subsec. 106(a), rescinded the authoriza- 
tion for this project except for funds previously obligated. 

78 Public Law 92-84 (85 Stat. 304) (1971), subsec. 105(b), increased the amount 
authorized from the original $560,000. 



233 

Project 70-6-g, modification to Heavy Ion Linear Accelerator, Law- 
rence ftadiation Laboratory, Berkeley, California, $2,650,000. 

(7) Administrative. — Project 70-7-a, computer building, AEC 
Headquarters, Germantown, Maryland, $1,850,000. 

(8) General Plant Projects. — $37,650,000. 

(9) General Equipment. — Acquisition and fabrication of capital 
equipment not related to construction, $172,525,000. 

Sec. 102. Limitations. — (a) The Commission is authorized to start 
any project set forth in subsections 101(b) (1), (3), (4), and (0) only 
if the currently estimated cost of that project does not exceed by more 
than 25 per centum the estimated cost set forth for that project. 

(b) The Commission is authorized to start any project set forth in 
subsection 101(b) (2), (5), and (7) only if the currently estimated 
cost of that project does not exceed by more than 10 per centum the 
estimated cost set forth for that project. 

(c) The Commission is authorized to start a project under subsec- 
tion 101(b)(8) only if it is in accordance with the following: 

(1) The maximum currently estimated cost of any project shall be 
$500,000 and the maximum currently estimated cost of any build- 
ing included in such project shall be $100,000 provided that the 
building cost limitation may be exceeded if the Commission determines 
that it is necessary in the interest of efficiency and economy. 

(2) The total cost of all projects undertaken under subsection 
101(b) (8) shall not exceed the estimated cost set forth in that sub- 
section by more than 10 per centum. 

Sec. 103. The Commission is authorized to perforin construction 
design services for any Commission construction project whenever 
(1) such construction project has been included in a proposed authori- 
zation bill transmitted to the Congress by the Commission and (2) the 
Commission determines that the project is of such urgency that con- 
struction of the project should be initiated promptly upon enactment 
of legislation appropriating funds for its construction. 

Sec. 104. When so specified in an appropriation Act, transfers of 
amounts between "Operating expenses" and "Plant and capital equip- 
ment" may be made as provided in such appropriation Act. 

Sec. 105. Amendment of Prior Year Act. — Section 101(b) of 
Public Law 90-56, as amended, is further amended by striking from 
subsection (4) thereof the figure "$32,333,000" for project 68-±-f , 200- 
Bev accelerator, Du Page and Kane Counties near Chicago, Illinois, 
and substituting thereafter the figure ''$250,000,000." 

Sec 106. Liquid Metal Fast Breeder Reactor Demonstration 
Program — Project Definition Phase. — (a) The Commission is 
hereby authorized to conduct the Project Definition Phase of a Liquid 
Metal Fast Breeder Eeactor Demonstration Program, under coopera- 
tive arrangements with reactor manufacturers and others, in accord- 
ance with the criteria heretofore submitted to the Joint Committee on 
Atomic Energy, without regard to the provisions of section 169 of 
the Atomic Energy Act of 1954, as amended, and authorization of 
appropriations therefor in the amount of $7,000,000 is included in 
section 101 of this Act. 



65-234 — 76 16 



234 

Sec. 107. The Commission is authorized to appoint persons as em- 
ployees to positions in the Atomic Energy Commission without regard 
to the provisions of section 201 of Public Law 90-364, and such posi- 
tions shall not be taken into consideration in determining numbers 
of employees under subsection (a) of that section or numbers of vacan- 
cies under subsection (b) of that section. 

Approved July 11, 1969. 

Index to Legislative History of Public Law 91-44 (H.R. 12167) 

(Page references are to daily editions of the Congressional Record, 91st Cong., 

1st Sess.) 

H.R. 10130 introduced by Mr. Holifield (for himself and Mr. Hosmer) 
(by request) April 15, 1969, H2680. 

Hearings : Full Joint Committee on Atomic Energy, April 17 and 18, 
1969 (Part 1). April 24 and 25, 1969 (Part 2). April 29 and 30, 
1969 (Part 3). Published in three volumes under title "AEC Au- 
thorizing Legislation Fiscal Year 1970". Record of Executive Hear- 
ings, April 23, 1969, published in separate volume "Naval Nuclear 
Propulsion Program — 1969". 

H.R. 12167 introduced by Mr. Holifield (for himself, Mr. Price and 
Mr. Hosmer) as "clean" bill to supersede H.R. 10130, June 16, 1969, 
H4873. 

House Report filed (H. Rept. No. 91-315) June 17, 1969, H4933. 

Made Special Order (H. Res. 448). H5607. 

H.R. 12167 considered and passed in House on Roll-Call vote, June 24, 
1969, H5089. 

H.R. 12167, sent to Senate and placed on Senate Calendar, June 25, 
1969. S7098. 

H.R. 12167 considered and passed (with amendment) in Senate in 
lieu of S. 2416, June 26, 1969, S7265. 

Senate amendment to H.R. 12167 agreed to by House, July 1, 1969, 
H5511. 

Examined and signed by the Vice President, July 2, 1969, S7506. 

Examined and signed by the Speaker of the House, July 7, 1969, 
H5615. 

Presented to the President, July 7, 1969, H5615. 

H.R. 12167 approved by the President on July 11, 1969, as Public Law 
91-44. 

Companion Bill— S. 2416 

S. 1884 introduced by Senator Pastore (by request), April 18, 1969, 

S3803. 
Hearings: As listed above. 
S. 2416 introduced bv Senator Pastore as "clean" bill to supersede S. 

1884, June 16, 1969, S6457. 
Senate Report filed (S. Rept. No. 91-244), June 18, 1969,86626. 
Indefinitely postponed (identical bill H.R. 12167 passed in lieu of), 

June 26, 1969, S7271. 



235 

PUBLIC LAW 91-273 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1971) 

[91st Congress, S. 3818] 

[June 2, 1970] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 

Sec. 101. There is hereby authorized to be appropriated to the 
Atomic Energy Commission in accordance with the provisions of 
section 261 of the Atomic Energy Act of 1954, as amended: 

(a) For "Operating expenses'*, $2,013,307,000, not to exceed $119,- 
450,000 in operating costs for the High Energy Physics program 
category. 

(b) For "Plant and capital equipment", including construction ac- 
quisition, or modification of facilities, including land acquisition ; and 
acquisition and fabrication of capital equipment not related to con- 
struction, a sum of dollars equal to the total of the following: 

(1) Special Nuclear Materials. — 

Project 71-1-a, contaminated storm water runoff control facilities, 
Savannah River, South Carolina, $900,000. 

Project 71-1-b, in-tank waste solidification systems, Richland, Wash- 
ington, $6,300,000. 

Project 71-1-c, storage and waste transfer facilities, Richland, 
Washington, $1,700,000. 

Project 71-1-d, radioactive contamination control improvements, 
National Reactor Testing Station, Idaho, $1,400,000. 

Project 71-1-e, gaseous diffusion production support facilities, 
$105,900,000. 79 

Project 71-1-f, process equipment modifications, gaseous diffusion 
plants, $295,100,000. 80 

(2) Atomic Weapons. — 

Project 71-2-a, weapons production, development and test installa- 
tions, $10,000,000. 

(3) Reactor Development. — 

Project 71-3-a, modifications to reactors, $2,000,000. 

Project 71-3-b, research and development test plants, Project Rover, 
Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site, 
Nevada, $l,000,000. 80a 

^ This amount was originally $14,700,000. Public Law 92-S4 (85 Stat. 304) (1071). 
section 105(c), increased the amount to $45,700,000. Public Law 92-314 (84 Stat. 297) 
(1972). subsec. 105(b), increased the amount to $72,020,000. Public Law 93-60 (87 
Stat. 143) (1973), subsec. 105(a) increased the amount to $105,900,000. 

80 This amount was originally $6,400,000. Public Law 92-S4 (85 Stat. 304) (1971). 
subsec. 105(c), increased the amount to $10,400,000. Public Law 92-314 (84 Stat. 299) 
(1972), subsec. 105(b), increased the amount to $34,400,000. Public Law 93-60 (87 Stat. 
143) (1973). subsec. 105(a). increased the amount to $172,100,000. Public Law 93 276 
(88 Stat. 115) (1974). subsec. 107(h). increased the amount to $295,100,000. 

80a Public Law 92-314 (84 Stat. 299) (1972), subsec. 106(b), rescinded the authorization 
for this project with the exception of funds previously obligated. 



236 

Project 71-3-c, modifications to EBR-11 and related facilities, Na- 
tional' Reactor Testing Station, Idaho, $2,000,000. 

(4) Physical Research. — 

Project 71-4-a, accelerator improvements, zero gradient synchro- 
tron, Argonne National Laboratory, Illinois, $900,000. 

Project 71-4-b. accelerator and reactor additions and modifications, 
Brookhaven National Laboratory, New York, $925,000. 

Project 71-4-c, accelerator improvements, Lawrence Radiation 
Laboratory, Berkeley, California, $825,000. 

Project 71-4— d, accelerator improvements, Standard Linear Accel- 
erator Center, California, $950,000. 

Project 71-4-e, accelerator improvements, medium and low energy 
physics, $400,000. 

(5) Biology and Medicine. — 

Project 71-5-a, addition to physics building (human radiobiology 
facility), Argonne National Laboratory, Illinois, $2,000,000. 80b 

(6) Training, Education and Information. — 

Project 71-6-a, National Nuclear Science Information Center, 
American Museum of Atomic Energy, Oak Ridge, Tennessee, 
$3 500 000 80c 

(7) General Plant Projects.— $42,000,000. 

(8) Capital Equipment. — Acquisition and fabrication of capital 
equipment not related to construction, $173,050,000. 

(9) Project 71-9, fire, safety, and adequacy of operating conditions 
projects, various locations, $193,000,000. 81 

Sec. 102. Limitations. — (a) The Commission is authorized to start 
any project set forth in subsections 101(b), (1), (2), (3), (4), and 
(9) 82 only if the currently estimated cost of that project does not ex- 
ceed by more than 25 per centum the estimated cost set forth for that 
project. 

(b) The Commission is authorized to start any project set forth in 
subsections 101(b) (5) and (6) only if the currently estimated cost of 
that project does not exceed by more than 10 per centum the estimated 
cost set forth for that project. 

(c) The Commission is authorized to start any project under sub- 
section 101(b) (7) only if it is in accordance with the following: 

(1) The maximum currently estimated cost of any project shall 
be $500,000 and the maximum currently estimated cost of any 
building included in such project shall be $100,000 provided that 
the building cost limitation may be exceeded if the Commission 
determines that it is necessary in the interest of efficiency and 
economy. 

80b Public Law 93-60 (S7 Stat. 143) (1973), subsec. 106(a) rescinded the authorization 
for this project except for funds previously obligated. 

soc Public Law 92-314 (84 Stat. 299) (1972), subsec. 105(b), increased this amount 
from the original $600,000 and replaced the words "(AE only)" with the words "Ameri- 
can Museum of Atomic Energy." 

^Public Law 91-580 (84 Stat. 1565) (1970), sec. 1. added paragraph (9). Public Law 
92-84 (85 Stat. 304) (1971), subsec. 105(c), amended paragraph (9) bv increasing the 
amount authorized from the original $25,500,000 to $45,700,000. Public Law 92-314 (84 
Stat. 299) (1972), subsec. 105(b). changed the amount to $69,000,000. Public Law 93-60 
(87 Stat. 143) (1973). subsec. 105(a). changed the amount to $193,000,000. 

82 Public Law 91-580 (84 Stat. 1565) (1970), sec. 2, added the reference to para- 
graph (9). 



237 

(2) The total cost of all projects undertaken under subsection 
101(b) (7) shall not exceed the estimated cost set forth in that 
subsection by more than 10 per centum. 

Sec. 103. The Commission is authorized to perform construction 
design services for any Commission construction project whenever 
(1) such construction project has been included in a proposed author- 
ization bill transmitted to the Congress by the Commission and (2) 
the Commission determines that the project is of such urgency that 
construction of the project should be initiated promptly upon enact- 
ment of legislation appropriating funds for its construction. 

Sec. 104. When so specified in an appropriation Act, transfers of 
amounts between "Operating expenses" and "Plant and capital equip- 
ment" may be made as provided in such appropriation Act. 

Sec. 105. Amendment of Prior Year Act. — (a) Section 110 of Pub- 
lic Law 86-50, as amended, is further amended by adding the following 
at the end of the present text of subsection (f) of said section: "And 
provided further, That waiver of use charges by the Commission may 
not extend beyond ten years after initial criticality of the reactor." 

(b) Section 101 of Public Law 89-32, as amended, is further 
amended by adding to subsection (b) (4) for project 66-4— a, sodium 
pump test facility, the words "for design and Phase I construction." 

(c) Section 101 of Public Law 91-44 is amended by striking from 
subsection (b)(1), project 70-1-c, waste encapsulation and storage 
facilities, Richland, Washington, the words "(AE only)" and further 

striking the figure "$1,200,000" and substituting therefor the figure 
"$10,750,000". 

Sec. 106. Liquid Metal Fast Breeder Reactor Demonstration 
Program — Fourth Round. — (a) The Commission is hereby author- 
ized to enter into a cooperative arrangement with a reactor manufac- 
turer and others for participation in the research and development, 
design, construction, and operation of a Liquid Metal Fast Breeder 
Reactor powerplant, in accordance with the criteria heretofore sub- 
mitted to the Joint Committee on Atomic Energy and referred to in 
section 106 of Public Law 91-44, without regard to the provisions of 
section 169 of the Atomic Energy Act of 1954, as amended, and the 
Commission is further authorized to continue to conduct the Project 
Definition Phase subsequent to the aforementioned cooperative 
arrangement. Appropriations totalling $100,000,000 83 are hereby 
authorized for the aforementioned cooperative arrangement and for 
the Project Definition Phase authorized by section 106 of Public Law 
91-44 and this section, said total amount to include the sum author- 
ized by section 106 of Public Law 91-44. The Commission is also 
authorized hereby, without regard to the provisions of section 3679 
of the Revised Statutes, as amended, to agree under said cooperative 
arrangement to provide assistance up to a total amount of $100,000,000 
less the sums available to the Commission and utilized for the Project 
Definition Phase contracts authorized pursuant to section 106 of 
Public Law 91-44 and this section; and, in addition to said total 
amount, in the Commission's discretion, to provide assistance 83 in the 

« Public Law 92-84 (85 Stat. 304) (1971), subsec. 105(d). amended sec. 106 by (1) 
increasing the authorization from $50,000,000 to $100,000,000, (2) deleting after tbe word 
"assistance" the phrase "up to a total amount of $20,000,000" and (3) adding the first 
ttwo provisos. 



238 

form of Commission-furnished services, facilities or equipment other- 
wise available to or planned by the Commission under its civilian base 
program : Provided, That such assistance shall not include the furnish- 
ing of end capital items of this demonstration plant excluding items 
which the Commission may deem necessary for research, development 
or testing in light of its liquid metal fast breeder reactor base pro- 
gram : And provided further, That such assistance which the Commis- 
sion undertakes specifically for this demonstration plant shall not 
exceed 50 per centum of the estimated capital cost of such plant : And 
Provided, That said ceiling amounts shall not be deemed to include 
assistance in the form of waiver of use charges during the term of the 
cooperative arrangement and the Commission may agree to provide 
such assistance without regard to the provisions of section 53 of the 
Atomic Energy Act, as amended, by waiving use charges in an amount 
not to exceed $10,000,000. Notwithstanding the foregoing, authoriza- 
tion of additional appropriations for the conduct of Project Definition 
Phase activities subsequent to the execution of the aforementioned 
cooperative arrangement, in the amount of $3,000,000 83a , is hereby 
authorized. 84 

(b) Before the Commission enters into any arrangement or amend- 
ment thereto under the authority of subsection (a) of this section, 
the basis for the arrangement or amendment thereto which the Com- 
mission proposes to execute (including the name of the proposed par- 
ticipating party or parties with whom the arrangement is to be made, 
a general description of the proposed powerplant, the estimated 
amount of cost to be incurred by the Commission and by the partici- 
pating parties, and the general features of the proposed arrangement 
or amendment) shall be submitted to the Joint Committee on Atomic 
Energy, and a period of forty-five days shall elapse while Congress is 
in session (in computing such forty-five days, there shall be excluded 
the days on which either House is not in session because of adjourn- 
ment for more than three days) : Provided, however. That the Joint 
Committee, after having received the basis for a proposed arrange- 
ment or amendment thereto, may by resolution in writing waive the 
conditions of, or all or any portion of, such forty-five day period: 
Provided further, That such arrangement or amendment shall be 
entered into in accordance with the basis for the arrangement or 
amendment ■ submitted as provided herein : And provided further, 
That no basis for arrangement need be resubmitted to the Joint Com- 
mittee for the sole reason that the estimated amount of the cost to be 
incurred by the Commission exceeds the estimated cost previously 
submitted to the Joint Committee by not more than 15 per centum. 

(c) The Commission is hereby authorized to agree, by modifica- 
tion to the definitive cooperative arrangement reflecting such changes 
therein as it deems appropriate for such purpose, to the following: 
(1) to execute and deliver to the other parties to the AEC definitive 

»■ Public Law 93-276 (88 Stat. 115) (1974), subsec. 107(c), Increased this figure from 
the original $2,000,000. 

84 Public Law 93-60 (87 Stat. 143) (1973), added this sentence to section 106(a). 



239 

contract, the special undertakings of indemnification specified in said 
contract, which undertakings shall be subject to availability of appro- 
priations to the Atomic Energy Commission (or any other Federal 
agency to which the Commission's pertinent functions might be trans- 
ferred at some future time) and to the provisions of section 3679 of 
the Revised Statutes, as amended; and (2) to acquire ownership and 
custody of the property constituting the Liquid Metal Fast Breeder 
Reactor powerplant or parts thereof, and to use, decommission, and 
dispose of said property, as provided for in the AEC definitive 
contract. 84 * 
Approved June 2, 1970. 

Index to Legislative History of Public Law 91-273 

(S. 3818) 

(Page references are to daily editions of the Congressional Record, 91st Cong. 

2d Sess.) 

S. 3409 introduced by Senator Pastore (by request), February 6, 1970, 
S1338. 

Hearings: Full Joint Committee on Atomic Energy, February 3, 18, 
and 19, 1970 (Part 1). March 3 and 5, 1970 (Part 2). March 11, 
1970 (Part 3), March 19, 1970 (Part 4). Published in four volumes 
under title "AEC Authorizing Legislation Fiscal Year 1971." Rec- 
ord of Executive Hearings, March 19 and 20, 1970, published in 
separate volume "Naval Nuclear Propulsion Program — 1970." 

S. 3818 introduced by Senator Pastore as "clean" bill to supersede 
S. 3409, May 11, 1970, S6906. 

Senate Report filed (S. Rept. No. 91-852) May 11, 1970, S6906. 

S. 3818 considered and passed in Senate, May 13, 1970, S7085. 

Examined and signed by Speaker of the House, May 21, 1970, H4729. 

Examined and signed by the Acting President Pro Tempore, May 21, 
1970, S7585. 

Presented to the President, May 21, 1970, S7588. 

S. 3818, approved by the President on June 2, 1970, as Public Law 
91-273, [June 5] S8425. 

Companion Bill — H.R. 17405 

H.R. 15782 introduced by Mr. Holifield (by request), February 9, 
1970, H739. V y 4 ■ y 

Hearings: As listed above. 

H.R. 17405 introduced by Messrs, Holifield, Price and Hosmer as 
"clean" bill to supersede H.R. 15782, May 4, 1970, H3858. 

House Report filed (H. Rept. No. 91-1036), May 4, 1970, H3858. 

H.R. 17405 considered and passed in House, May 19, 1970, H4536. 

Identical bill S. 3818 passed in lieu thereof, May 19, 1970, H4549. 

w » Public Law 93-276 (88 Stat. 115) (1974), subsec. 107(c), added subsec. 106(c). 



240 

PUBLIC LAW 91-580 (AEC FISCAL YEAR 1971 SUPPLE- 
MENTAL AUTHORIZATION ACT) 

[91st Congress, S. 4557] 

[December 24, 1970] 

AN ACT 

To amend Public Law 91-273 to increase the authorization for appropriations 
to the Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, and for other purposes. 

Be it enacted oy the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 101(b) 
of Public Law 91-273 is hereby amended by adding at the end thereof : 

" (9) Project 71-9, fire, safety, and adequacy of operating conditions 
projects, various locations, $25,500,000." 

Sec. 2. Section 102(a) of Public Law 91-273 is amended by striking 
a and" after " (3) ," and by inserting ", and (9) " after " (4) ". 

Approved December 24, 1970. 



Index to Legislative History of Public Law 91-580 (S. 4557) 

(Page references are to daily editions of the Congressional Record, 91st Cong., 

2d Sess.) 

S. 4557 introduced by Senator Pastore, December 3, 1970, S19284. 

Hearings: Full Joint Committee on Atomic Energy, Executive Ses- 
sion, December 3, 1970. 

Senate Report filed (S. Kept. No. 91-1414) , December 7, 1970, S19494. 

S. 4557 considered and passed in Senate, December 9, 1970, S19748. 

Examined and signed by Acting President pro tempore, December 14, 
1970, S20056. 

Examined and signed by Speaker of the House, December 14, 1970, 
H11681. 

Presented to the President. December 14, 1970, S20075. 

S. 4557 approved bv the President, December 24, 1970, as Public Law 
91-580, S21182 [December 28, 1970]. 

Companion Bill— H.R. 19908 

H.R. 19908 introduced by Mr. Holifield (for himself, Mr. Price of 

Illinois, and Mr. Hosmer) , December 3, 1970, HI 1145. 
Hearings : As listed above. 

House Report filed (H. Rept. No. 91-1677) , December 7, 1970, H11298. 
Identical bill S. 4557 passed in lieu thereof, December 10, 1970, H11507. 



241 

PUBLIC LAW 92-84 (AEC AUTHORIZATION ACT FOR 
FISCAL YEAR 1972) 

[August 11, 1971] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission in accordance with 
section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes. 

Be it enacted by tlie Senate and House of Representatives of the 
United States of America in Congress assembled, 

Sec. 101. There is hereby authorized to be appropriated to the Atomic 
Energy Commission in accordance with the provisions of section 261 
of the Atomic Energy Act of 1954, as amended : 

(a) For "Operating expenses", $2,029,571,000, of which not less than 
$31,000,000 shall be available for controlled thermonuclear fusion 
research and development, and of which not more than $116,400,000 
shall be available for operating costs for the high energy physics 
program category. 

(b) For "Plant and capital equipment," including construction, 
acquisition, or modification of facilities, including land acquisition; 
and acquisition and fabrication of capital equipment not related to con- 
struction, a sum of dollars equal to the total of the following : 

(1) Nuclear Materials. — 

Project 72-1-a, electrical system modifications for higher power op- 
eration of gaseous diffusion plant, Paducah, Kentucky, $2,000,000. 

Project 72-1-b, cooling water system modifications for higher power 
operation of gaseous diffusion plant, Paducah, Kentucky, $2,800,000. 

Project 72-1-c, replacement of direct buried radioactive waste trans- 
fer lines, Richland, Washington, $2,300,000. 

Project 72-1-d, irradiated fuel storage facility, National Reactor 
Testing Station, Idaho, $2,500,000. 

Project 72-1-e, improvements in radioactive waste management and 
supporting facilities, multiple sites, $5,000,000. 

Project 72-1-f, component preparation laboratories, multiple sites, 
$25.300,000. 85 

Project 72-1-g, facilities for integrated operation of chemical sep- 
arations plants, Richland, Washington, $1,500,000. 

Project 72-1-h, air filter for laboratory facilities, Savannah River, 
South Carolina, $2,500,000. 

(2) Atomic Weapons. — 

Project 72-2-a, weapons production, development, and test instal- 
lations, $10,000,000. 

Project 72-2-b, weapons neutron research facility, Los Alamos Sci- 
entific Laboratory, New Mexico, $4,400,000. 86 

(3) Reactor Development. — 

Project 72-3-a, liquid metal engineering center facility modifica- 
tions, Santa Susana, California, $1,000,000. 

* Public Law 92-314 (84 Stat. 299) (1972), subsec. 105(c), increased this amount from 
the originally authorized $3,000,000. 

89 Public Law 92-314 (84 Stat. 299) (1972). subsec. 105(c). increased this amount from 
the originally authorized $585,000, and deleted the words "(AE only)". 



242 

[Project 72-3-b, national radioactive waste repository, site undeter- 
mined, $3,500,000: Provided, That, with respect to any site in the 
State of Kansas. 

(A) Except as provided in subparagraph (E), no funds shall 
be obligated or expended (i) for the acquisition of a fee simple 
interest in land or for the acquisition of any other interest in land 
which exceeds three years from the date of enactment of this Act, 
or (ii) for or in connection with the burial of radioactive materials 
at the proposed site other than for experimental purposes, includ- 
ing demonstrations, and then only when and if such materials 
are fully retrievable throughout such three year period. 

(B) The President of the United States shall appoint an ad- 
visory council which shall be composed of nine members at least 
three of whom shall be from Kansas. The advisory council may 
report to the Congress from time to time. 

(C) The Atomic Energy Commission (acting directly or by 
contract) shall conduct laboratory and other tests and research 
(whether onsite or elsewhere) relating to the safety of the project, 
the protection of public health, and the preservation of the quality 
of the environment before any high level radioactive waste mate- 
rial is placed in salt mines at the proposed site except as provided 
in subparagraph (A). 

(D) No high level radioactive materials shall be buried or used, 
other than as provided by clause (ii) of subparagraph ( A) , at the 
proposed site until the advisory council reports to the Congress 
that construction and operation of such project and the trans- 
portation of waste materials to the project can be carried out in a 
manner which assures the safety of the project, the protection of 
public health, and the preservation of the quality of the environ- 
ment of the region. 

(E) The limitations provided by subparagraph (A) shall not 
apply after the expiration of sixty calendar days of continuous 
session of the Congress after the date on which the advisory coun- 
cil submits its report under subparagraph (D). For purposes of 
the preceding sentence, continuity of session is broken only by 
an adjournment *of Congress sine die, and the days on which 
either House is not in session because of an adjournment of more 
than three days to a day certain are excluded in the computation 
of the sixty-day period.] 87 

Project 72-3-c, analytical support facility, Mound Laboratory, 
Miamisburcr, Ohio, $850*000. 

Project 72-3-d, research and development test plants, Project Rover, 
Los Alamos Scientific Laboratory, New Mexico, and Nevada Test Site, 
Nevada, $1,000,000. 

(4) Physical Research. — 

Project 72-4-a, accelerator improvements, zero gradient synchro- 
tron, Argonne National Laboratory, Illinois, $225,000. 

Project 72-4-b, accelerator and reactor additions and modifications, 
Brookhaven National Laboratory, New York, $280,000. 

87 Public Law 92-314 (84 Stat. 299) (1972), subsec. 105(c). amended this section by 
addinjr the words "site undetermined" in place of "Lvons Kansas" and hv adding: the words 
"witb rpsnprt to any site in tbe State of Kansas." Public Law 93-276 (88* Stat. 115) (1974), 
subsec. 108(b), rescinded the authorization for this project except for funds previously 
obligated. 



243 

Project 72-4-c, accelerator improvements, Cambridge Electron 
Accelerator, Massachusetts, $75,000. 

Project 72-4- d, accelerator improvements, Lawrence Kadiation 
Laboratory, Berkeley, California, $180,000. 

Project 72-4-e, accelerator and reactor improvements, medium and 
low energy physics, $400,000. 

(5) Biology and Medicine. — 

Project 72-5-a, radiology and therapy research facility (AE 
only), Los Alamos Scientific Laboratory, New Mexico, $1,600,000. 88 

(6) General Plant Projects.— $41,080,000. 

(7) Capital Equipment. — Acquisition and fabrication of capital 
equipment not related to construction, $153,296,000. 

Sec. 102. Limitations. — (a) The Commission is authorized to start 
any project set forth in subsections 101(b) (1), (2), (3), (4), and (5) 
only if the currently estimated cost of that project does not exceed 
by more than 25 per centum the estimated cost set forth for that 
project. 

(b) The Commission is authorized to start any project under sub- 
section 101(b) (6) only if it is in accordance with the following: 

(1) The maximum currently estimated cost of any project shall 
be $500,000 and the maximum currently estimated cost of any building 
included in such project shall be $100,000 provided that the building 
cost limitation may be exceeded if the Commission determines that it 
is necessary in the interest of efficiency and economy. 

(2) The total cost of all projects undertaken under subsection 101 
(b) (6) shall not exceed the estimated cost set forth in that subsection 
by more than 10 per centum. 

Sec. 103. The Commission is authorized to perform construction 
design services for any Commission construction project whenever (1) 
such construction project has been included in a proposed authoriza- 
tion bill transmitted to the Congress by the Commission and (2) the 
Commission determines that the project is of such urgency that con- 
struction of the project should be initiated promptly upon enactment 
of legislation appropriating funds for its construction. 

Sec. 104. When so specified in an appropriation Act, transfers of 
amounts between "Operating expenses'' and "Plant and capital equip- 
ment" may be made as provided in such appropriation Act. 

Sec. 105. Amendment of Prior Year Acts. — (a) Section 101 of 
Public Law 89-32, as amended, is further amended by (1) striking 
therefrom the figure "$2,658,821,000", and substituting therefor the 
figure "$2,664,521,000"; (2) striking from subsection (b) thereof 
the figure "$398,045,000", and substituting therefor the figure 
"$403,745,000"; and (3) striking from subsection (b)(4) for project 
66-4-a, sodium pump test facility, the words "for design and Phase I 
construction." and further striking the figure "$6,800,000" and sub- 
stituting therefor the figure "$12,500,000". 

(b) Section 101 of Public Law 91-44, as amended, is further 
amended by striking from subsection (b) (5) thereof the figure 
"$560,000" for project 70-5-a, conversion of heating plant to natural 
gas, Argonne National Laboratory, Illinois, and substituting therefor 
the figure "$860,000". 

88 Public Law 92-314 (84 Stat. 299) (1972). subsec. 105(c). increased this amount from 
the previously authorized $345,000 and deleted the words "(AE only)". 



244 

(c) Section 101 of Public Law 91-273, as amended, is further 
amended by (1) striking from subsection (b)(1) thereof the figure 
"$14,700,000" for project 71-1-e, gaseous diffusion production support 
facilities, and substituting therefor the figure "$45,700,000" ; (2) strik- 
ing from subsection (b) (1) thereof the figure "$6,400,000" for project 
7l-l-f , process equipment modifications, gaseous diffusion plants, and 
substituting therefor the figure "$10,400,000"; and (3) striking from 
subsection (b)(9) thereof the figure "$25,500,000" for project 71-9, 
fire, safety, and adequacy of operating conditions projects, various 
locations, and substituting therefor the figure "$45,700,000." 

(d) Section 106 of Public Law 91-273, as amended, is amended by 
(1) striking from subsection (a) thereof the figure "$50,000,000", 
wherever it appears therein, and substituting therefor the figure 
"$100,000,000"; (2) striking from subsection (a) thereof the phrase 
"up to a total amount of "$20,000,000"; and (3) adding the following 
after the words "civilian base program :" "Provided* That such assist- 
ance shall not include the furnishing of end capital items of this 
demonstration plant excluding items which the Commission may deem 
necessary for research, development or testing in light of its liquid 
metal fast breeder reactor base program: And provided further, That 
such assistance which the Commission undertakes specifically for this 
demonstration plant shall not exceed 50 per centum of the estimated 
capital cost of such plant : And". 

Sec. 106. Rescission. — Public Law 90-56. as amended, is further 
amended by rescinding therefrom authorization for a project, except 
for funds heretofore obligated, as follows : 

Project 68-3-b, isotopic space svstems facilitv, Sandia Base, New 
Mexico, $2,250,000. 

Sec. 107. Liquid Metal Fast Breeder Reactor Base Program 
Project. — As part of the Commission's liquid metal fast breeder reac- 
tor base program, the Commission is hereby authorized to enter into 
a definitive arrangement, for a term not exceeding seven years, for the 
conduct in the Enrico Fermi Atomic Power Plant of a program of 
plant operation, and research and development of programmatic 
interest to the Commission : and the Commission is further authorized 
as part of such arrangement, and without regard to the provisions of 
section 169 of the Atomic Energy Act of 1954, as amended, to waive 
use charges for special nuclear material, up to a total amount of 
$9,100,000. and to distribute special nuclear material by leasing during 
the term of the arrangement. 

TITLE II 

Sec. 201. (a) Subsection a. of section 31 of the Atomic Energy Act 
of 1954, as amended, is amended by (1) striking the word "and" from 
the end of paragraph (4) thereof; (2) striking from the end of para- 
graph (5) thereof the period and substituting therefor "; and" and 
(3) by adding thereto a new paragraph (6) to read as follows: 

"(6) the preservation and enhancement of a viable environment by 
developing more efficient methods to meet the Nation's energy needs." 

(b) The first sentence of section 33 of the Atomic Energy Act of 
1954, as amended, is amended to read as follows : "Where the Com- 



245 

mission finds private facilities or laboratories are inadequate for the 
purpose, it is authorized to conduct for other persons, through its own 
facilities, such of those activities and studies of the types specified in 
section 31 as it deems appropriate to the development of energy." 
Approved August 11, 1971. 

Index to Legislative History of Public Law 92-84 (H.R. 9388) 

(Page references are to daily editions of the Congressional Record, 92d Cong., 

1st Sess.) 

H.R. 5522 introduced bv Vice Chairman Price (by request) March 3, 
1971, H1253. 

Hearings : Full Joint Committee on Atomic Energy, February 3 and 4, 
1971 (Part 1). February 23 and 24, 1971 (Joint hearings with Senate 
Committee on Aeronautical and Space Sciences). March 2, 1971 
(Part 1). March 4. 1971 (Part 2). March 9, 16 and 17, 1971 (Part 3). 
March 18 and 23 and May 13, 1971 (Part 4). Published in four vol- 
umes under title "AEC Authorizing Legislation Fiscal Year 1072.'' 
Record of executive hearings, March 10, 1971, published in separate 
volume "Naval Nuclear Propulsion Program — 1971." Joint hearings 
with Senate Committee on Aeronautical and Space Sciences, Feb- 
ruary 23 and 24, 1971, published under title "Nuclear Rocket Engine 
Development Program." 

H.R. 9388 introduced by Vice Chairman Price (Mr. Holifield and Mr. 
Hosmer) as "clean" bill to supersede H.R. 5522, June 23, 1971, 
H5845. 

House Report filed (H. Rept. No. 92-325), June 30, 1971. H6217. 

H.R. 9388 considered and passed in the House with amendment, 
July 15, 1971, H6801. 

H.R. 9388. was amended, considered and passed in Senate with further 
amendment, July 20, 1971, S11565. 

Senate amendments considered in House and concurred in with amend- 
ment, July 27, 1971, H7191. 

House amendment to Senate amendment concurred in by Senate, 
July 31, 1971, S12696. 

Examined and signed by Speaker of the House, August 3, 1971, H7826. 

Examined and signed by Acting President Pro Tempore, August 4, 
1971, S13051. 

Presented to the President, August 4, 1971 [August 5, 1971], H8131. 

H.R. 9388 approved by the President on August 11, 1971, as Public 
Law 92-84 [September 8, 1971], H8216. 

Companion Bill — S. 2150 

S. 958 introduced by Chairman Pastore (by request) February 25, 

1971, S1925. 
Hearings: As listed above. 
S. 2150 introduced bv Chairman Pastore as "clean" bill to supersede 

S. 958, June 24. 1971, S9852. 
Senate Report filed (S. Rept. 92-249), July 8. 1971. S10639. 
S. 2150 indefinitely postponed. July 20, 1971. S11565. 
Identical bill H.R. 9388 passed in lieu thereof as indicated above. 



246 

PUBLIC LAW 92-314 (AEC AUTHORIZATION 
ACT FOR FISCAL YEAR 1973) 

[92nd Congress, S. 3607] 

[June 16, 1972] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission in 
accordance with section 261 of the Atomic Energy Act of 1954, 
as amended, and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress 
assembled, 

Sec. 101. There is hereby authorized to be appropriated 
to the Atomic Energy Commission in accordance with 
the provisions of section 261 of the Atomic Energy Act 
of 1954, as amended : 

(a) For "Operating expenses", $2,110,480,000 not to 
exceed $126,400,000 in operating costs for the high energy 
physics program category. 

(b) For "Plant and capital equipment", including con- 
struction, acquisition, or modification of facilities, in- 
cluding land acquisition ; and acquisition and fabrication 
of capital equipment not related to construction, a sum 
of dollars equal to the total of the following : 

(1) Nuclear Material. — 

Project 73-1-a, in-tank solidification systems auxil- 
iaries, Richland, Washington, $2,500,000. 

Project 73-1-b, waste management effluent diversion 
control facilities, separations areas, Richland, Washing- 
ton, $1,000,000. 

Project 73-1-c, expansion of weighing and sampling 
facility for gaseous diffusion plant, Portsmouth, Ohio,. 
$1,400,000. 

Project 73-1-d, component test facility, Oak Ridge r 
Tennessee, $26,675,000. 89 

Project 73-1-e, radioactive waste management im- 
provements, Savannah River, South Carolina, $1,300,000. 

Project 73-1-f, safety improvements, reactor areas,. 
Savannah River, South Carolina, $2,000,000. 

Project 73-1-g, contaminated soil removal facility, 
Richland, Washington, $1,400,000. 

Project 73-1-h, Rover fuels processing facilities, Na- 
tional' Reactor Testing Station, Idaho, $3,250,000. 

Project 73-1-i, radioactive solid waste reduction facil- 
ity, Los Alamos Scientific Laboratory, New Mexico, 
$t50,000. 9 ° 



» Public Law 93-60 (87 Stat. 143) (1973). snbsec. 105(e), changed this 
amount from the originally authorized $20,475,000. 

90 Public Law 93-00 (87 Stat. 143) (1973). subsec. 106(b) rescinded 
authorization for this project, except for funds previously obligated. 



247 

(2) Nuclear Material. — 

Project 73-2-a, atmospheric pollution control facili- 
ties, heavy water plant, Savannah River, South Carolina, 
$4,300,000. 

Project 73-2-b, improved sanitary waste treatment fa- 
cilities, Savannah River, South Carolina, $1,100,000. 

(3) Atomic Weapons. — 

Project 73-3-a, weapons production, development, and 
test installation, $10,000,000. 

Project 73-3-b, laser fusion laboratory, Los Alamos 
Scientific Laboratory, New Mexico, $5,200^000. 

Project 73-3-c, laser fusion laboratory, Lawrence Liv- 
ermore Laboratory, California, $6,800,000. 

Project 73-3-d, classified facilities, sites undesignated, 
$15,000,000. 

(4) Atomic Weapons. — 

Project 73-4-a, new sewage disposal plant, Mound 
Laboratory. Miamisburg, Ohio $700,000. 

Project 73-4-b, land acquisition, Rocky Flats, Colo- 
rado, $ll,400,000. 90a 

(5) Reactor Development. — 

Project 73-5-a, Liquid Metal Engineering Center fa- 
cility modifications, Santa Susana, California, $3,000,000. 

Project 73-5-b, modifications to EBR-II, National 
Reactor Testing Station. Idaho, $4,000,000. 

Project 73-5-c, modifications to Power Burst Facility, 
National Reactor Testing Station, Idaho, $1,500,000. 

Project 73-5-d, modifications to TREAT facility, 
National Reactor Testing Station, Idaho, $1,500,000. 

Project 73-5-e, research building safety modifications, 
Mound Laboratory, Miamisburg, Ohio, $3,000,000. 

Project 73-5-f, Pu-238 fuel form fabrication facility, 
Savannah River, South Carolina, $8,000,000. 

Project 73-5-g, modifications to reactors, $3,000,000. 

Project 73-5-h, S8G prototvpe nuclear propulsion 
plant, West Milton, New York, $125,000,000. 91 

(6) Physical Research. — 

Project 73-6-a, accelerator improvements, zero gradi- 
ent svnchrotron, Argonne National Laboratory, Illinois, 
$400,000. 

Project 73-6-b, accelerator and reactor improvements, 
Brookhaven National Laboratory, New York, $475,000. 

[Project 73-6-c, accelerator improvements, Cambridge 
Electron Accelerator, Massachusetts, $75,000.] 91a 

Project 73-6-d, accelerator improvements, Lawrence 
Berkeley Laboratory, California, $525,000. 

»■ Public Law 93-276 (88 Stat. 115) (1974), subsec. 107(d), changed 
this figure from the original $8,000,000. 

"Public Law 98-60 (87 Stat. 143) (1973), changed this amount from 
the previously authorized $."36,000,000. 

«» Public Law 93-276 (88 Stat. 115 (1974), subsec. 108(c), rescinded 
the authorization for this project except for funds previously obligated. 



248 

Project 73-6-e, accelerator improvements, Stanford 
Linear Accelerator Center, California, $1,025,000. 

Project 73-6-f, accelerator and reactor improvements, 
medium and low-energy physics, $600,000. 

(7) Biology and Medicine. — 

Project 73-7-a, high-energy heavy ion facility (BEY 
ALAC), Lawrence Berkeley Laboratory, California, 
$2,000,000. 

(8) Biology and Medicine. — 

Project 73-8-a, replacement of laboratory service sys- 
tems, Oak Kidge National Laboratory, Tennessee 
$1,200,000. 

(9) Administrative. — 

Project 73-9-a, addition to headquarters building ( AE 
only) , Germantown, Marvland, $1,500,000. 

(10) General Plant Projects.— $49,050,000. 

(11) Capital Equipment. — Acquisition and fabrica- 
tion of capital equipment not related to construction, 
$164,080,000. 

Sec. 102. Limitations. — (a) The Commission is au- 
thorized to start any project set forth in subsection 
101(b) (1), (3), (5), (6), and (7) only if the currently 
estimated cost of that project does not exceed by more 
than 25 per centum the estimated cost set forth for that 
project. 

(b) The Commission is authorized to start any project 
under subsections 101(b) (2), (4), (8), and (9) only if 
the currently estimated cost of that project does not ex- 
ceed by more than 10 per centum the estimated cost set 
forth for that project. 

(c) The Commission is authorized to start any project 
under subsection 101(b) (10) only if it is in accordance 
with the following : 

(1) The maximum currently estimated cost of any 
project shall be $500,000 and the maximum currently 
estimated cost of any building included in such project 
shall be $100,000, provided that the building cost limita- 
tion may be exceeded if the Commission determines that 
it is necessary in the interest of efficiency and economy. 

(2) The total cost of ail projects undertaken under 
subsection 101(b) (10) shall not exceed the estimated cost 
set forth in that subsection by more than 10 per centum. 

Sec. 103. The Commission is authorized to perform con- 
struction design services for any Commission construc- 
tion project whenever (1) such construction project has 
been included in a proposed authorization bill trans- 
mitted to the Congress by the Commission and (2) the 
Commission determines that the project is of such ur- 
gency that construction of the project should be initiated 
promptly upon enactment of legislation appropriating 
funds for its construction. 

Sec. 104. When so specified in an appropriation Act, 
transfers of amounts between "Operating expenses" and 



249 

"Plant and capital equipment" may be made as provided 
in such appropriation Act. 

Sec. 105 Amendment of Prior Year Acts. — (a) Sec- 
tion 101 of Public Law 91-44, as amended, is further 
amended by striking from subsection (b) (1), project 70- 
1-b, bedrock waste storage, the figure "$1,300,000" and 
substituting therefor the figure "$4,300,000". 

(b) Section 101 of Public Law 91-273, as amended, is 
further amended by (1) striking from subsection (b) (1), 
project 7l-l-e, gaseous diffusion production support fa- 
cilities, the figure "$45,700,000" and substituting therefor 
the figure "$72,020,000", (2) striking from subsection 
(b) (1), project 71-1-f, process equipment modifications, 
gaseous diffusion plants, the figure "$10,400,000" and sub- 
stituting therefor the figure "$34,400,000", (3) striking 
from subsection (b) (6) , project 71-6-a, National Nuclear 
Science Information Center, the words "AE only" and 
substituting therefor the words "American Museum of 
Atomic Energy", and further striking the figure "$600,- 
000" and substituting therefor the figure "$3,500,000", 
and (4) striking from subsection (b)(9), project 71-9, 
fire, safety, and adequacy of operating conditions proj- 
ects, the figure "$45,700,000" and substituting therefor the 
figure "$69,000,000". 

(c) Section 101 of Public Law 92-84, as amended, is 
further amended by (1) striking from subsection (b)(1), 
project 72-1-f, component preparation laboratories, the 
figure "$3,000,000" and substituting therefor the figure 
"$25,300,000", (2) striking from subsection (b) (2), proj- 
ect 72-2-b, weapons neutron research facility, the words 
"(AE only)" and further striking the figure "$585,000" 
and substituting therefor the figure "$4,400,000", (3) 
striking from subsection (b) (3), project 72-3-b, national 
radioactive waste repository, the words "Lyons, Kansas" 
and substituting therefor the words "site undetermined" 
and further adding after the words "Provided, That" the 
words "with respect to any site in the State of Kansas", 
and (4) striking from subsection (b) (5), project 72-5-a, 
radiobiology and therapy research facility, the words 
"(AE only)" and further striking the figure "$345,000" 
and substituting therefor the figure "$1,600,000". 

Sec. 106. Rescission. — (a) Public Law 91-44, as 
amended, as further amended by rescinding therefrom 
authorization for the following projects, except for funds 
heretofore obligated ; 

Project 70-2-a, rebuilding of gaseous diffusion plant 
cooling tower, Portsmouth, Ohio, $1,000,000. 

Project 70-i-b, research and development test plants. 
Project Rover, Los Alamos Scientific Laboratory, New 
Mexico, and Nevada Test Site, Nevada, $1,000,000. 

(b) Public Law 91-273, as amended, is further 
amended by rescinding therefrom authorization for a 

63-234—76 17 



250 

project, except for funds heretofore obligated, as follows : 
Project 71-H-b, research and development test plants, 
Project Rover, Los Alamos Scientific Laboratory. Xew 
Mexico, and Nevada Test Site, Nevada, $1,000,000. 

TITLE II 

Sec. 201. The Congress recognizes and assumes the 
compassionate responsibility of the United States to 
provide to the State of Colorado financial assistance to 
undertake remedial action to limit the exposure of indi- 
viduals to radiation emanating from uranium mill tail- 
ings which have been used as a construction related mate- 
rial in the area of Grand Junction, Colorado. 

Sec. 202. The Atomic Energy Commission is hereby 
authorized to enter into a cooperative arangement with 
the State of Colorado under which the Commission will 
provide not in excess of 75 per centum of the costs of a 
State program, in the area of Grand Junction, Colorado, 
of assessment of, and appropriate remedial action to limit 
the exposure of individuals to radiation emanating from 
uranium mill tailings which have been used as a construc- 
tion related material. Such arrangement shall include, but 
need not be limited to, provisions that require : 

(a) that the basis for undertaking remedial action 
shall be applicable guidelines published by the 
Surgeon General of the L T nited States : 

(b) That the need for and selection of appro- 
priate remedial action to be undertaken in any in- 
stance shall be determined by the Commission upon 
application by the property owner of record to the 
State of Colorado within four years of the date of 
enactment of this Act and recommendation by and 
consultation with the State and others as deemed 
appropriate ; 

(c) that any remedial action shall be performed 
by the State of Colorado or its authorized contrac- 
tor and shall be paid for by the State of Colorado ; 

(d) that the United States shall be released from 
any mill tailings related liability or claim thereof 
upon completion of remedial action or waiver thereof 
by the property owner of record on behalf of him- 
self, his heirs, successors, and assigns: and further, 
the United States shall be held harmless against 
any claim arising out of the performance of any 
remedial action; 

(e) that the State of Colorado shall retain custody 
and control of and responsibility for any uranium 
mill tailings removed from any site as part of 
remedial action : 

(f ) that the law of the State of Colorado shall be 
applied to determine all questions of title, rights of 
heirs, trespass, and so forth ; and 



251 

(g) that the Atomic Energy Commission shall be 
provided such reports, accounting, and rights of 
inspection as the Commission deems appropriate ; 
Provided, That before such arrangement or amendment 
thereto shall become effective, it shall be submitted to the 
Joint Committee on Atomic Energy and a period of 
thirty days shall elapse while Congress is in session (in 
computing such thirty days, there shall be excluded the 
days on which either House is not in session because of 
adjournment for more than three days) : Provided, how- 
ever. That the Joint Committee on Atomic Energy, after 
having received the arrangement or amendment thereto, 
may by resolution in writing waive the conditions of, or 
all or any portion of. such thirty-day period. 

Sec. 203. The Atomic Energy Commission shall pre- 
scribe such rules and regulations as it deems necessary 
and appropriate to carry out the provisions of this title 
II. Xot withstanding the provisions of subsection (a) (2) 
of section 553 of title 5, United States Code, such rules 
and regulations shall be subject to the notice and public 
participation requirements of that section. 

Sec. 204. For the purpose of carrying out the pro- Appropriation, 
visions of this title II, there is included in subsection 
101(a) of this Act authorization of appropriations in 
the amount of $5,000,000. 

TITLE III 

Sec. 301. Section 161 of the Atomic Energy Act of 
1954, as amended, is amended by adding at the end 
thereof the following new subsection : 

u w. prescribe and collect from any other Govern- 
ment agency, which applies for or is issued a license 
for a utilization facility designed to produce elec- 
trical or heat energy pursuant to section 103 or 104b, 
any fee, charge, or price which it may require, in 
accordance with the provisions of section 483a of 
title 31 of the United States Code or any other law. 
of applicants for, or holders of, such licenses.". 
Approved June 16, 1972. 



Index to Legislative History of Public Law 92-314 (S. 3607) 

(Page references are to daily editions of the Congressional Record, 92d Cong., 

2d sess.) 

S. 3103 introduced by Chairman Pastore (by request) February 1, 
1972, S861. 

Hearings: Full Joint Committee on Atomic Enerrrv, January 26 and 
February 3 and 17, 1972 (pt. 1). February 22 and 23, 1972 (pt. 2). 
March 7, 8, and 9, 1972 (pt. 4). Subcommittee on Research. Develop- 
ment, and Radiation, February 29 and March 1, 1972 (pt. 3). Pub- 
lished in six volumes under title U AEC Authorizing Legislation 



252 

Fiscal Year 1973." Record of executive hearings, February 8, 1972, 

published in separate volume "Naval Nuclear Propulsion Program — 

1972." 
S. 3607 introduced by Chairman Pastore as "clean" bill to supersede 

S. 3103, May 16, 1972, S7842. 
Senate Report filed (S. Rept. No. 92-802), May 23, 1972, S8192. 
S. 3607 considered and passed in the Senate with amendment, May 25, 

1972, S8491. 
S. 3607, as amended, considered and passed in the House, June 7, 1972, 

H5351. 
Examined and signed by the Speaker of the House, June 12, 1972, 

H5507. 
Examined and signed by the President pro tempore, June 12, 1972, 

S9199. 
Presented to the President, June 12, 1972, S9210. 
S. 3607 approved by the President on June 16, 1972, as Public Law 

92-314, S10375 [June 27, 1972]. 

Companion Bill— H.R. 14990 

H.R. 12826 introduced by Vice Chairman Price, for himself, Mr. Holi- 

field and Mr. Hosmer (by request), February 1, 1972, H556. 
Hearings: As listed above. 
H.R. 14990 introduced by Vice Chairman Price, for himself, Mr. Holi- 

field and Mr. Hosmer, as "clean" bill to supersede H.R. 12826, May 

16, 1972, H4634. 
House Report filed (H. Rept. No. 92-1066), May 16, 1972, H4633. 
H.R. 14990 laid on the table, June 7, 1972, H5351. 
Identical bill S. 3607, as amended, passed in lieu thereof as indicated 

above. 

PUBLIC LAW 93-60 (AEC AUTHORIZATION ACT 
FOR FISCAL YEAR 1974) 

[93d Congress, S. 1994] 

[July 6, 1973] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission in 
accordance with section 261 of the Atomic Energy Act of 1954, 
as amended, and for other purposes. 

commission 1 "* 7 Be it enacted by the Senate and House of Representa- 
Appropriation tives of the United States of America in Congress assem- 

authorization. 7,7^^7 
77 Stat. 88. Died, 

42 u.s.c. 2017. g EC# ioi. There is hereby authorized to be appropriated 
to the Atomic Energy Commission in accordance with the 
provisions of section 261 of the Atomic Energy Act of 
1954, as amended : 

(a) For "Operating expenses", $1,751,450,000 not to ex- 
ceed $128,800,000 in operating costs for the high energy 
physics program category. 92 

m Public Law 93-158 (87 Stat. 627) (1973), sec. 1, Increased this 
amount from the originally authorized $1,740,750,000. 



253 

(b) For "Plant and capital equipment", including con- 
struction, acquisition, or modification of facilities, includ- 
ing land acquisition ; and acquisition and fabrication of 
capital equipment not related to construction, a sum of 
dollars equal to the total of the following : 

(1) Nuclear Materials. — 

Project 74— 1-a, additional facilities, high level waste 
storage, Savannah River, South Carolina, $l7,500,000. 92a 

Project 74-1-b, replacement ventilation, air filter, F 
chemical separations area, Savannah River, South Caro- 
lina, $5,200,000. 

Project 74-1-c, calcined solids storage and plant 
safety improvements, Idaho Chemical Processing Plant, 
National Reactor Testing Station, Idaho, $3,000,000. 

Project 74-1-d, cooling tower fire protection, gaseous 
diffusion plants, $3,300,000. 

Project 74-1-e, new purge cascade, gaseous diffusion 
plant, Oak Ridge, Tennessee, $5,900,000. 

Project 74-1-f, plant liquid effluent pollution control, 
gaseous diffusion plants, $8,000,000. 

Project 74-1-g, cascade uprating program, gaseous 
diffusion plants $183,000,000. 92b 

Project 74— 1-h, transuranium contaminated solid waste 
treatment development facility, Los Alamos Scientific 
Laboratory, New Mexico, $1,650,000. 

Project 74— 1-i, additional waste concentration and 
salt cake storage facilities, Richland, Washington, 
$30,000,000. 93 

(2) Atomic Weapons. — 

Project 74— 2-a, weapons production, development, and 
test installation, $10,000,000. 

Project 74-2-b, acid waste neutralization and recycle 
facilities, Y-12 Plant, Oak Ridge, Tennessee, $1,700,000. 

Project 74-2-c, high energy laser facility, Lawrence 
Livermore Laboratory, California, $20,000,000. 

Project 74-2-d, national security and resources study 
center, Los Alamos Scientific Laboratory, New Mexico, 
$4,600,000. 94 

(3) Reactor Development. — 

Project 74-3-a, Liquid Metal Engineering Center 
(LMEC) facility modifications, Santa Susana, Califor- 
nia, $3,000,000. 

Project 74-3-b, modifications to EBR-II, National 
Reactor Testing Station, Idaho, $2,000,000. 

^'Public Law 93-276 (88 Stat 115) (1074). subsec. 107(e), increased 
this amount from the originally authorized $14.000 000. 

82b Public Law 03-276 (88 Stat. 115) (1974). subsec. 107(e), amended 
this project by striking the words "(partial AE and limited component 
authori P z I efrS6 000 V 000 an(1 bj increasing the fi ^ ure from tne Previously 

£ Public Law 9^158 (87 Stat. 627), (1973), sec. 2, added this project. 

thESSw 1 ?* 9 tSI*J*****' 115 > < 1974 >< su bs ec. 107(e), amended 
this project by substituting the words "Las Alamos Scientific Laboratory, 
New Mexico for the words "(AE only), site undesignated" and by 
increasing the figure from the previously authorized $350 000 



254 

Project 74-3-c, emergency process waste treatment 
facility, Oak Ridge National Laboratory, Tennessee, 
$1,300,000. 
I? ItJt' 144' Project 7^3-d, modifications to reactors, $2,000,000. 

Project 74-3-e, modifications to TREAT facility, 
National Reactor Testing Station, Idaho, $2,500,000. 

(4) Physical Research. — 

Project 74^4—a, accelerator and reactor improvements, 
high energy physics, $1,700,000. 

Project 7 1 1 b, accelerator and reactor improvements, 
medium and low energy physics, $600,000. 

(5) Physical Research. — 

Project 74-5-a, computation building, Stanford Linear 
Accelerator Center, California, $2,900,000. 

(6) Biomedical and Environmental Research. — 
Project 74-6-a, addition to physics building (human 

radiobiologv facility), Argonne National Laboratory, 
Illinois, $1,300,000. 

(7) General Plant Projects.— $47,825,000. 

(8) Construction Planning and Design. — $1,000,000. 

(9) Capital Equipment. — Acquisition and fabrication 
of capital equipment not related to construction, 
$172,300,000. 

Sec. 102. Limitations. — (a) The Commission is au- 
thorized to start any project set forth in subsections 101 
(b)(1), (2), (3), and (4) only if the currently estimated 
cost of that project does not exceed by more than 25 per 
centum the estimated cost set forth for that project. 

(b) The Commission is authorized to start any project 
under subsections 101(b), (5), (6), and (8) only if the 
currently estimated cost of that project does not exceed 
by more than 10 per centum the estimated cost set forth 
for that project. 

(c) The Commission is authorized to start any project 
under subsection 101(b)(7) only if it is in accordance 
with the following: 

(1) The maximum currently estimated cost of any 
project shall be $500,000 and the maximum currently 
estimated cost of any building included in such proj- 
ect shall be $100,000, provided that the building cost 
limitation may be exceeded if the Commission deter- 
mines that it is necessary in the interest of efficiency 
and economy. 

(2) the total cost of all projects undertaken under 
subsection 101(b) (7) shall not exceed the estimated 
cost set forth in that subsection by more than 10 per 
centum. 

(d) The total cost of any project authorized under sub- 
sections 101(b) (1), (2), (3), and (4) shall not exceed 
the estimated cost set forth for that project by more than 
25 per centum, unless and until additional appropriations 
are authorized under section 261 of the Atomic Energy 
Act of 1954, as amended. 



255 



(e) The total cost of any project authorized under sub- 
sections 101(b) (5), (6), (7), and (8) shall not exceed 
the estimated cost set forth for that project bv 10 per 
centum unless and until additional appropriations are 
authorized under section 261 of the Atomic Energy Act 
of 1954, as amended. 

Sec. 103. The Commission is authorized to perform con- 
struction design services for any Commission construc- 
tion project whenever (1) such construction project has 
been included in a proposed authorization bill transmitted 
to the Congress by the Commission and (2) the Commis- 
sion determines that the project is of such urgency that 
construction of the project should be initiated promptly 
upon enactment of legislation appropriating funds for its 
construction. 

Sec. 104. When so specified in an appropriation Act, 
transfers of amounts between "Operating expenses" and 
"Plant and capital equipment" may be made as provided 
in such appropriation Act. 

Sec. 105. Amendment of Prior Year Acts. — (a) Sec- 
tion 101 of Public Law 91-273, as amended, is further 
amended by (1) striking from subsection (b) (1), project 
7l-l-e, gaseous diffusion production support facilities, 
the figure "$72,020,000" and substituting therefor the 
figure "$105,900,000", (2) striking from subsection 
(b) (1), project 71-1-f, process equipment modifications, 
gaseous diffusion plants, the figure "$34,400,000" and 
substituting therefor the figure "$172,100,000", and (3) 
striking from subsection (b) (9) , project 71-9, fire, safety, 
and adequacy of operating conditions projects, various 
locations, the figure "$69,000,000" and substituting there- 
for the figure "$193,000,000". 

(b) Section 106 of Public Law 91-273, as amended, is 
further amended by adding the following sentence at the 
end of the present text of subsection (a) thereof: 

"Notwithstanding the foregoing, authorization of addi- 
tional appropriations for the conduct of Project Defini- 
tion Phase activities subsequent to the execution of the 
aforementioned cooperative arrangement, in the amount 
of $2,000,000, is hereby authorized.". 

(c) Section 101 of Public Law 92-314 is amended by 
(1) striking from subsection (b) (1) , project 73-1-d, com- 
ponent test facility, Oak Ridge, Tennessee, the figure 
"$20,475,000" and substituting therefor the figure "$26,- 
675,000", and (2) striking from subsection (b)(5), proj- 
ect 73-5-h, S8G prototype nuclear propulsion plant, West 
Milton, New York, the figure "$56,000,000" and substitut- 
ing therefore the figure "$125,000,000". 

Sec. 106. Rescission. — (a) Public Law 91-273, as 
amended, is further amended by rescinding therefrom 



77 Stat. 88. 
42 U.S.C. 2017. 



Construction 

design 

services. 



Transfer of 
amounts. 



87 Stat. 145. 
86 Stat. 225. 

84 Stat. 1565 
86 Stat. 225. 



84 Stat. 300 ; 

85 Stat. 306. 



86 Stat. 223. 



256 

authorization for a project, except for funds heretofore 
obligated, as follows : 

Project 71-5-a, addition to physics building (human 
radiobiology facility), Argonne National Laboratory, 
Illinois, $2,000,000. 

(b) Public Law 92-314 is amended by rescinding there- 
from authorization for a project, except for funds hereto- 
fore obligated, as follows : 

Project 73-1-i, radioactive solid waste reduction facil- 
ity, Los Alamos Scientific Laboratory, New Mexico, 
$750,000. 

Approved July 6, 1973. 



Index to Legislative History of Public Law 93-60 (S. 199-4) 

(Page references are to daily editions of the Congressional Record, 93d Cong., 

1st sess.) 

S. 1944 introduced by Vice Chairman Pastore, June 13, 1973, S 11006. 

Hearings: Full Joint Committee on Atomic Energy, January 30, 1973 
(Part 1) ; February 6, 21, and 22, 1973 (Part 2) ; March 14, 1973 
(Part 3) ; March 20 and 22, 1973 (Part 4) ; and (environmental 
statements (Part 5)). Published in 5 volumes under title, "AEC 
Authorizing Legislation Fiscal Year 1974." Record of executive 
hearing, March 28, 1973, published in separate volume "Naval Nu- 
clear Propulsion program — 1972-1973, Part II." 

Senate Report filed (S. Rept. No. 93-224), June 18, 1973, S11285. 

S. 1994 considered in the Senate June 21, 1973, S11684-85. 

S. 1994 consideration resumed and passed in the Senate without amend- 
ment, June 22, 1973, S11810-11. 

S. 1994 considered and passed in the House without amendment, 
June 25, 1973, H5277-5300. 

Examined and signed by the Speaker of the Hcuse, June 26, 1973, 
H5473. 

Examined and signed by the President Pro Tempore, June 26, 1973, 
S12041. 

Presented to the President June 26, 1973, S12070. 

S. 1994 approved by the President on July 6, 1973, as Public Law 
93-60 (S13103). 

Companion Bill— H.R. 8662 

H.R. 8662 introduced by Chairman Melvin Price of Illinois (for him- 
self, Mr. Holifield, and Mr. Hosmer), June 13, 1973, H4710. 

Hearings: As listed above. 

House Report filed (H. Rept. No. 93-280), June 14, 1973, H4762. 

H.R. 8662 laid on the table, June 25, 1973, H5300. 

Identical bill S. 1994, without amendment, passed in lieu thereof as 
indicated above. 



257 

PUBLIC LAW 93-158 

[93d Congress, S. 2645] 
[November 26, 1973] 

AN ACT 

To amend Public Law 93-60 to increase the authorization for appropriations 
to the Atomic Energy Commission in accordance with section 261 of the Atomic 
Energy Act of 1954, as amended, and for other purposes. 

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 101(a) 
of Public Law 93-60 is hereby amended bv striking therefrom the 
figure "$1,740,750,000" and substituting the figure "$1,751,450,000". 

Sec. 2. Section 101 (b) of Public Law 93-60 is hereby amended by 
adding to subsection (b)(1) the following words: "Project 74-1-i, 
additional waste concentration and salt cake storage facilities, Rich- 
land, Washington, $30,000,000.". 

Approved November 26, 1973. 



Index to Legislative History of Public 
Law 93-158 (S. 2645) 

(Page references are to the daily editions of the Congressional Record, 
93d Cong., 1st sess.) 

S. 2645 introduced by Senator Pastore, November 7, 1973, S20015. 
Hearings: Full Joint Committee on Atomic Energy, October 30, 

November 1 and 6, 1973 (Executive Sessions). 
Senate Report (S. Rept. 93-487) filed November 7, 1973, S20015. 
S. 2645 considered and passed in Senate, November 9, 1973, S20123. 
S. 2645 considered and passed in House, November 13, 1973, H9943. 
Examined and signed by Speaker of the House, November 14, 1973, 

H10046. 
Examined and signed bv President Pro Tempore, November 14, 1973, 

S20327. 
Presented to the President, November 14, 1973. 
S. 2645 approved bv the President on November 26, 1973 as Public 

Law 93-158, D1335 (Nov. 27 Record). 

Companion Bill— H.R. 11216 

H.R. 11216 introduced by Mr. Price on October 31, 1973, H9556. 
House Report (H. Rept. No. 93-619) filed November 1, 1973, H9575. 
Identical bill, S. 2645 passed in lieu of H.R. 11216 indicated above. 



258 



Atomic Energy 
Commission. 
Appropriation 
authorization. 
77 Stat. 88. 
42 U.S.C. 2017. 



88 Stat. 
88 Stat. 



115. 
116. 



PUBLIC LAW 93-276 (AEC AUTHORIZATION 
ACT FOR FISCAL YEAR 1975) 

[93d Congress, S. 3292] 

[May 10, 1974] 

AN ACT 

To authorize appropriations to the Atomic Energy Commission 
in accordance with section 261 of the Atomic Energy Act of 
1934, as amended, and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress 
assembled, 

Sec. 101. There is hereby authorized to be appropriated 
to the Atomic Energy Commission in accordance with the 
provisions of section 261 of the Atomic Energy Act of 
1954. as amended: 

(a) For "Operating expenses", $2,580,733,000 e5 not to 
exceed $132,200,000 in operating costs for the high-energy 
physics program category. 

(b) For "Plant and capital equipment", including con- 
struction, acquisition, or modification of facilities, includ- 
ing land acquisition: and acquisition and fabrication of 
capital equipment not related to construction, a sum of 
dollars equal to the total of the following: 

(1) Nuclear Materials. — 

Project 75-1-a, additional facilities, high-level waste 
handling and storage. Savannah River, South Carolina, 
$30,000,000. 

Project 75-1-b. replacement ventilation air filter, H 
chemical separations area, Savannah River, South Caro- 
lina, $6,000,000. 

Project 75-1-c, new waste calcining facility. Idaho 
Chemical Processing Plant, National Reactor Testing 
Station, Idaho, $20,000,000. 

Project 75-1-d, waste management effluent control, 
Richland, Washington, $3,500,000. 

Project 75-1-e, retooling of component preparation 
laboratories, multiple sites, $4,500,000. 

Project 75-1-f , atmospheric pollution control facilities, 
stoker fired boilers, Savannah River, South Carolina. 
$7,500,000. 

(2) Nuclear Materials. — 

Project 75-2-a, additional cooling tower capacity, 
gaseous diffusion plant, Portsmouth, Ohio, $2,200,000. 

(3) Weapons.— 

Project 75-3-a, weapons production, development, and 
test installations, $10,000,000. 

Project 75-3-b, high energy laser facility, Los Alamos 
Scientific Laboratory, New Mexico, $22,600,000. 



es Public Law 93-576 (88 Stat. 1878) (1974), sec. 
figure from tVo previously authorized $2,551,533,000. 



1, Increased this 



2;;o 

Project 75-3-c, TRIDENT production facilities, vari- 
ous locations, $22,200,000. 

Project 75-3-d, consolidation of final assembly plants, 
Pantex, Amarillo, Texas, $4,500,000. 

Project 75-3-e, addition to building 350 for safeguards 
analytical laboratory, Arjronne National Laboratory, 
Illinois, $3,500,000. 

(4) Weapons. — 

Project 75-4-a, technical support relocation, Los 
Alamos Scientific Laboratory, New Mexico, $2,800,000. 

(5) Civilian Reactor Research and Development. — 
Project 75-5-a, transient test facility, Santa Susana, 

California, $4,000,000. 

Project 75-5-b, advanced test reactor control system 
upgrading, National Reactor Testing Station, Idaho, 
$2,400,000. 

Project 75-5-c, test reactor area water recycle and pol- 
lution control facilities, National Reactor Testing Sta- 
tion, Idaho, $1,000,000. 

Project 75-5-d, modifications to reactors, $4,000,000. 

Project 75-5-e, high temperature gas reactor fuel re- 
processing facility, National Reactor Testing Station, 
Idaho. $10,100,000. m 

Project 75-5-f, high temperature gas reactor fuel re- 
fabrication pilot plant, Oak Ridge National Laboratory, 
Tennessee, $3,000,000. 

Project 75-5-g, molten salt breeder reactor (prelimi- 
narv planning preparatorv to possible future demon- 
stration project), $1,500,000. 

(6) Physical Research. — 88 stat lie. 
Project 75-6-a, accelerator and reactor improvements 

and modifications, $3,000,000. 

Project 75-6-b, heavv ion research facilities, various 
locations, $19,200,000. 

Project 75-6-c, positron-electron joint project, Law- 
rence Berkeley Laboratory and Stanford Linear Accel- 
erator Center, $900,000. 

(7) Biomedical and Environmental Research and 
Safety. — 

Project 75-7-a, upgrading of laboratory facilities, Oak 
Ridge National Laboratory, Tennessee, $2,100,000. 

Project 75-7-b, environmental research laboratory, 
Savannah River, South Carolina, $2,000,000. 

Project 75-7-c, intermediate-level waste management 
facilities, Oak Ridge National Laboratory, Tennessee, 
$9,500,000. 

Project 75-7-d, modifications and additions to biomedi- 
cal and environmental research facilities, $2,850,000. 

(8) Biomedical and Environmental Research and 
Safety. — 

Project 75-8-a, environmental sciences laboratory, Oak 
Ridge National Laboratory, Tennessee, $8,800,000. 



Stat. 117. 



260 

(9) General Plant Projects.— $55,650,000. 

(10) Construction Planning and Design. — $2,000,- 
000. 

(11) Capital Equipment. — Acquisition and fabrica- 
tion of capital equipment not related to construction, 
$224,900,000. 96 

(12) Reactor Safety Research. — 

Project 75-12-a, reactor safety facilities modifications, 
$1,000,000. 

(13) Applied Energy Technology. — 

Project 75-13-a, hydrothermal pilot plant, $1,000,000. 

Sec. 102. Limitations. — (a) The Commission is author- 
ized to start any project set forth in subsection 101(b) 
(1), (3), (5), (6), (7), (12), and (13) only if the cur- 
rently estimated cost of that project does not exceed by 
more than 25 per centum the estimated cost set forth for 
that project. 

(b) The Commission is authorized to start any project 
set forth in subsection 101(b) (2), (4), (8), and (10) only 
if the currently estimated cost of that project does not 
exceed by more than 10 per centum the estimated cost set 
forth for that project. 

(c) The Commission is authorized to start any project 
under subsection 101(b)(9) only if it is in accordance 
with the following: 

(1) The maximum currently estimated cost of any 
project shall be $500,000 and the maximum currently 
estimated cost of any building included in such proj- 
ect shall be $100,000 : Provided, That the building 
cost limitation may be exceeded if the Commission 
determines that it is necessary in the interest of effi- 
ciency and economy. 

(2) The total cost of all projects undertaken under 
subsection 101(b) (9) shall not exceed the estimated 
cost set forth in that subsection by more than 10 per 
centum. 

(d) The total cost of any project undertaken under 
subsection 101(b) (1), (3), (5), (6), (7), (12), and (13) 
shall not exceed the estimated cost set forth for that proj- 
ect by more than 25 per centum, unless and until addi- 
tional appropriations are authorized under section 261 

42 usVibiT. °^ tne Atomic Energy Act of 1954, as amended, provided 
that this subsection will not apply to any project with an 
estimated cost less than $5,000,000. 

88 stat us ( e ) ^he total cost of any project undertaken under 

subsection 101(b) (2), (4), (8), (9), and (10) shall not 
exceed the estimated cost set forth for that project by 
more than 10 per centum, unless and until additional 
appropriations are authorized under section 261 of the 

42 u.s.c. 2017. Atomic Energy Act of 1954, as amended, provided that 

•a Public Law 93-576 (88 Stat. 1878) (1974), sec. 2, increased this 
figure from the previously authorized $208,850,000. 






69 Stat. 471. 



261 

this subsection will not apply to any project with an 
estimated cost less than $5,000,000. 

Sec. 103. The Commission is authorized to perform construction 

-, p r^ • • design 

construction design services for any Commission con- services, 
struction project whenever (1) such construction project 
has been included in a proposed authorization bill trans- 
mitted to the Congress by the Commission, and (2) the 
Commission determines that the project is of such urg- 
ency that construction of the project should be initiated 
promptly upon enactment of legislation appropriating 
funds for its construction. 

Sec. 104. Any moneys received by the Commission 
(except sums received from the disposal of property 
under the Atomic Energy Community Act of 1955, as 
amended (42 U.S.C. 2301) ) , may be retained by the Com- 
mission and credited to its "Operating expenses" appro- 
priation notwithstanding the provisions of section 3617 
of the Revised Statutes (31 U.S.C, 484). Transfer of 

Sec. 105. Transfers of sums from the "Operating ex- sums? e 
penses" appropriation may be made to other agencies of 
the Government for the performance of the work for 
which the appropriation is made, and in such cases the 
sums so transferred may be merged with the appropria- 
tion to which transferred. 

Sec. 106. When so specified in an appropriation Act, Amounts! ° f 
transfers of amounts between "Operating expenses" and 
"Plant and capital equipment" may be made as provided 
in such appropriation Act. 

Sec. 107. Amendment of Prior Year Acts. — (a) Sec- 
tion 101 of Public Law 89-428, as amended, is further so stat. 162; 
amended by striking from subsection (b) (3) project 67- 81 stat - 126 - 
3-a, fast flux test facility, the figure "$87,500,000", and 
substituting therefor the figure "$420,000,000". 

(b) Section 101 of Public Law 91-273, as amended, is "status, 
further amended by striking from subsection (b)(1), 

project 71— 1— f, process equipment modifications, gaseous 
diffusion plants, the figure "$172,100,000" and substitut- 
ing therefor the figure "$295,100,000". 84 stat 300 . 

(c) Section 106 of Public Law 91-273, as amended, is 87 stat 145 / 
further amended by striking from subsection (a) the 

figure "$2,000,000" and substituting therefor the figure 
"$3,000,000", and by adding thereto the following new 
subsection (c) : 

" (c) The Commission is hereby authorized to agree, by 
modification to the definitive cooperative arrangement 
reflecting such changes therein as it deems appropriate 
for such purpose, to the following: (1) to execute and 
deliver to the other parties to the AEC definitive contract, 
the special undertaking of indemnification specified in 
said contract, which undertakings shall be subject to 
availability of appropriations to the Atomic Energy 
Commission (or any other Federal agency to which the 
Commission's pertinent functions might be transferred 



31 U.S.C. 665. 



86 Stat 223. 



88 Stat 119. 
87 Stat 143. 



262 

at some future time) and to the provisions of section 
3679 of the Revised Statutes, as amended; and (2) to 
acquire ownership and custody of the property constitut- 
ing the Liquid Metal Fast Breeder Reactor powerplant 
or parts thereof, and to use, decommission, and dispose 
of said property, as provided for in the AEC definitive 
contract." 

(d) Section 101 of Public Law 92-314, as amended, is 
amended by striking from subsection (b)(4), project 
73-4-b, land acquisition. Rocky Flats, Colorado, the fig- 
ure "$8,000,000" and substituting therefor the figure 
"$11,400,000". 

(e) Section 101 of Public Law 93-60 is amended by 
(1) striking from subsection (b) (1), project 7^1-a, ad- 
ditional facilities, high level waste storage, Savannah 
River, South Carolina, the figure "$14,000,000" and sub- 
stituting therefor the figure "$17,500,000", (2) striking 
from subsection (b) (1), project 74-1-g, cascade uprating 
program, gaseous diffusion plants, the words "(partial 
AE and limited component procurement only)" and 
further striking the figure "$6,000,000" and substituting 
therefor the figure "$183,100,000", and (3) striking from 
subsection (b) (2), project 74-2-d, national security and 
resources study center, the words "(AE only), site un- 
designated" and substituting therefor the words "Los 
Alamos Scientific Laboratory, New Mexico" and further 
striking the figure "$350,000" and substituting therefor 
the figure "$4,600,000". 

sestet. 22k Sec * 10 ?- Rescission.— (a) Public Law 91-44, as 

amended, is further amended by rescinding therefrom 
authorization for a project, except for funds heretofore 
obligated, as follows: 

Project 70-1-b, bedrock waste storage (AE and site 
selection drilling only) , Savannah River, South Carolina, 
$4,300,000. 

85 Stat 304. ^ p^i^ Law 92-84, as amended, is further amended 

by rescinding therefrom authorization for a project, ex- 
cept for funds heretofore obligated, as follows : 

Project 72-3-b, national radioactive waste repository, 
site undetermined, $3,500,000. 

86 stat. 224. ^ p u bi j c Law 92-314, as amended, is further amended 

by rescinding therefrom authorization for a project, ex- 
cept for funds heretofore obligated, as follows : 

Project 73-6-c, accelerator improvements, Cambridge 
Electron Accelerator, Massachusetts, $75,000. 

TITLE II 

69 stat 947. g EC> 2 01. Section 157b. (3) of the Atomic Energy Act 

" ' of 1954, as amended, is amended by striking out "upon 

the recommendation of" and inserting in lieu thereof 
"after consultation with". 
Approved May 10, 1974. 



263 

Index to Legislative History of Public Law 93-276 (S. 3292) 

(Page references are to the daily editions of the Congressional Record, 
93d Congress, 2d sess.) 

S. 3178 introduced by Senator Pastore and Senator Aiken (by re- 
quest) March 13, 1974, S3548. 

Hearings: Full Joint Committee on Atomic Energy, February 19, 
26, 27, 28, March 4, 1974 (public) ; February 20, 21, 25, March 5, 
1974 (executive). Published in 4 volumes under title "AEC Author- 
izing Legislation, Fiscal Year 1975." Record of executive hearing, 
February 25, 1974, published in separate volume, "Naval Nuclear 
Propulsion Program — 1974." 

S. 3292 introduced as clean bill by Vice Chairman Pastore, for him- 
self and Senator Aiken, April 2, 1974, S. 4951. 

Senate Report filed (S. Kept. No. 93-773), April 8, 1974, S5351. 

S. 3292 considered and passed in the Senate without amendment, 

^ April 11. 1974, S5865-69. 

S. 3292 considered in the House, and passed with one amendment, 

^ April 23, 1974, H3029-56. 

Senate concurred in the House amendment, April 29, 1974, S6170- 
71. _ 

Examined and signed by the Speaker of the House, April 25, 1974, 
H3285. 

Examined and sip-nod by the President Pro Tempore of the Senate, 
April 25, 1974, S6385. 

Presented to the President, April 30, 1974, S. 6548. 

S. 3292 approved by the President on May 10, 1974, as Public Law 
93-276,^S7687. 

Companion Bill— H.R. 13919 

H.R. 13919 introduced by Chairman Price (for himself, Mr. Holifield 

and Mr. Hosmer) , April 2, 1974. H2511. 
Hearings: As listed above. 

House Report (H. Rept, No. 93-969) filed, April 3, 1974. H2582. 
H.R. 13919 laid on the table, April 23, 1974, H. 3056. 
S. 3292, as amended, passed in lieu of H.R. 13919, as indicated above. 



PUBLIC LAW 93-576 (AEC FISCAL YEAR 1975 
SUPPLEMENTAL AUTHORIZATION ACT) 

[93rd Congress, H.R. 16609] 

[December 31, 1974] 

AX ACT 

To amend Public Law 93-276 to increase the authorization for 88 Stat. 1878. 
appropriations to the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, 
and for other purposes. 

Be it enacted by the Senate and House of Revresemta- 
t/ res of the United States of America assembled, That Appropriation 
section 101(a) of Public Law 93-276 is hereby amended jESefpT lie. 



264 

by striking therefrom the figure "$2,551,533,000" and 
substituting the figure "$2,580,733,000". 

Sec. 2. Section 101(b) of Public Law 93-276 is hereby 
amended by striking from subsection (11) capital equip- 
ment the figure "$208,850,000" and substituting the 
figure "$224,900,000". 

Sec. 3. From the increase of the sums authorized to be 
appropriated by this Act $23,000,000 shall be allotted to, 
program! 38 an ^ ma de available only for the Safeguards Program, 
with regard to the safeguarding of special nuclear ma- 
terials from diversion from its intended uses, and for 
research and development of safeguards techniques and 
related activities involved in handling nuclear material. 

Appproved December 31, 1974. 



Index to Legislative History or Public Law 93-576 (H.R. 16609) 

(Page references are to the daily editions of the Congressional Record, 93d 

Cong., 2d sess.) 

H.R. 16609 introduced by Chairman Price (by request), September 
11, 1974, H9183. ^ 

Hearings: Full Joint Committee on Atomic Energy, September 23, 
1974 (public) and September 12 and 26, 1974 (executive). Record 
of the September 23, 1974 hearing published under title "Request 
for Supplemental Fiscal Year 1975 Funds for AEC Nuclear Weap- 
ons Testing". 

H.R. 16609 amended by the Joint Committee on Atomic Energy and 
House Report (H. Rept. No. 93-1434) filed, October 7, 1974. 
H10097. 

H.R. 16609 considered and passed by the House, with the Committee 
amendment, November 25, 1974. H11015-21. 

H.R. 16609 considered and passed by the Senate with amendment, 
December 10, 1974, S20949-55. 

Senate amendment agreed to by the House, December 17, 1974, 
H12138-39. 

Examined and signed by the Speaker of the House, December 18, 
1974,H12285. _ 

Examined and signed bv the President pro tempore of the Senate, 
December 19, 1974, S22215. 

Presented to the President, December 20, 1974, H12629. 

H.R. 16609 approved bv the President on December 31, 1974, as Pub- 
lic Law 93-576, H12773. 

Companion Bill — S. 4033 

S. 4033 introduced by Vice-Chairman Pastore (by request) , Septem- 
ber^, 1974, S17201. 

Hearings : As listed above. 

Senate Report (S. Rept. No. 93-1246) filed, with a Committee amend- 
ment, October 8, 1974, S18452-53. 

H.R. 16609 passed in lieu of S. 4033, as indicated above. 



PART IV. NRC AUTHORIZATION ACTS 

PUBLIC LAW 94-18 (NRC FISCAL YEAR 1975 
SUPPLEMENTAL AUTHORIZATION ACT) 

[94th Congress, S. 994] 

[April 25, 1975] 

AN ACT 

To authorize supplemental appropriations to the Nuclear Regulatory 
Commission for fiscal year 1975. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress as- 
sembled, That there is authorized to be appropriated to N 
the Nuclear Regulatory Commission to carry out the Regulatory 
provisions of section 261 of the Atomic Energy Act of Appropriation 
1954, as amended, and section 305 of the Energy Reor- Authorization. 
ganization Act of 1974, $50,200,000 for fiscal year 1975. If ulc.* 5875.' 



Ixdex to Legislative History of Public Law 94-18 (S. 994) 

(Page references are to the daily editions of the Congressional Record, 
94th Cong., 1st session) 

S. 674 introduced by Mr. Past ore (by request) February 12, 1975, 
^ S1827. 
S. 994 introduced as a clean bill by Air. Pastore on March 6. 1975, 

S3197. 
Hearings: Subcommittee on Legislation of the Joint Committee on 

Atomic Energy, February 20, 1975. Published under the title of 

"Nuclear Regulatory Commission Fiscal Year 1975 Supplemental 

Authorization Request". 
Reported (S. Rept. Xo. 94-50) March 20. 1975. S4552. 
Considered and passed by the Senate March 24, 1975, S4927. 
Considered and passed by the House April 10, 1975. H2660. 
Examined and signed by the Speaker of the House April 14. 1975, 

H2737. 
Examined and signed by the Acting President pro tempore of the 

Senate April 14, 1975, S5871. 
Presented to the President April 14, 1975, S5872. 
Approved as Public Law 94-18 April 25, 1975. 

Companion Bill— H.R. 4224 

H.R. 3275 introduced by Mr. Price (by request) February 19. 1975, 
H929. 

(265) 
65-234—76 18 



266 

H.R. 4224 introduced as a clean bill by Mr. Price on March 4, 1975, 

H1380. 
Hearings : As listed above. 

Reported (H. Kept. No. 94-100) March 20. 1975. H2132. 
Considered and passed bv the House : passage of H.R. 4224 vacated and 

S. 994 passed in lieu thereof; H.R. 4224 laid on the table, April 10, 

1975,H2660. 

PUBLIC LAW 94-79 (NRC AUTHORIZATION ACT FOR 
FISCAL YEAR 1976) 

[94th Congress, S. 1716] 

[August 9, 1975] 



Nuclear 

Regulatory 

Commission. 

Appropriation 

authorization. 

42 U.S.C. 2017. 

42 U.S.C. 5S75. 



42 U.S.C. 5841. 



Commission 

chairman, 

functions. 



AN ACT 

To authorize appropriations to the Nuclear Regulatory Commis- 
sion in accordance with section 261 of the Atomic Energy Act 
of 1954. as amended, and section 305 of the Energy Reorgani- 
zation Act of 1974, and for other purposes. 

Be it enacted by tlie Senate and House of Representa- 
tives of the United States of America, in Congress 
Assembled, 

TITLE I 

Sec 101. There is authorized to be appropriated to the 
Xuclear Regulator} 7 Commission to carry out the provi- 
sions of section 261 of the Atomic Energy Act of 1954. 
as amended, and section 305 of the Energy Reorgani- 
zation Act of 1974: S222.935.000 for fiscal year 1976 and 
S52.750.000 for the period from July 1, 1976 through 
September 30, 1976. 

TITLE II 

Sec. 201. Section 201(a) of the Energy Reorganiza- 
tion Act of 1974 is amended — 

(1) bv inserting "(1)" immediately after "Sec. 
201. (aV ? ; and 

(2) by adding at the end of such subsection the 
following : 

"(2) The Chairman of the Commission shall be the 
principal executive officer of the Commission, and he 
shall exercise all of the executive and administrative 
functions of the Commission, including functions of the 
Commission with respect to (a) the appointment and 
supervision of personnel employed under the Commis- 
sion (other than personnel employed regularly and full 
time in the immediate offices of commissioners other 
than the Chairman, and except as otherwise provided in 



267 



the Energy Reorganization Act of 1974), (b) the dis- 
tribution of business among such personnel and among 
administrative units of the Commission, and (c) the use 
and expenditure of funds. 

"(3) In carrying out any of his functions under the 
provisions of this section the Chairman shall be gov- 
erned by general policies of the Commission and by such 
regulatory decisions, findings, and determinations as the 
Commission may by law be authorized to make. 

"(4) The appointment by the Chairman of the heads 
of major administrative units under the Commission 
shall be subject to the approval of the Commission. 

"(5) There are hereby reserved to the Commission its 
functions with respect to revising budget estimates and 
with respect to determining upon the distribution of 
appropriated funds according to major programs and 
purposes.". 

The Nuclear Regulatory Commission shall not license 
any shipments by air transport of plutonium in any form, 
whether experts, imports or domestic shipments: Pro- 
vided, however, That any plutonium in any form con- 
tained in a medical device designed for individual human 
application is not subject to this restriction. This restric- 
tion shall be in force until the Nuclear Regulatory Com- 
mission has certified to the Joint Committee on Atomic 
Energy of the Congress that a safe container has been 
developed and tested which will not rupture under crash 
and blast-testing equivalent to the crash and explosion 
of a high-flying aircraft. 

Sec. 202. Subsection 201 (c) of the Energy Reorganiza- 
tion Act of 1974 is amended by deleting the period at the 
end of the subsection and adding the following text : " ; 
and except that any member appointed to fill a vacancy 
occurring prior to the expiration of the term for which 
his predecessor was appointed, shall be appointed for the 
remainder of such term.". 

Six. 203. Section 201(c) is amended to include the fol- 
lowing : "For the purpose of determining the expiration 
date of the terms of office of the five members first ap- 
pointed to the Nuclear Regulatory Commission, each such 
term shall be deemed to have begun July 1, 1975.". 



42 u.s.c. 

note. 



5S01 



Plutonium 
shipments, 
restrictions. 
42 U.S.C. 5S41 
note. 



Term of 

office. 

42 U.S.C. 5S4L 



Index to Legislative History or Public Law 94-79 (S. 1716) 

(Page references are to the daily editions of the Congressional Record, 
94th Cong., 1st session) 

S. 675 introduced bv Mr. Pastore (by request) February 12. 1975, 

S1827. 
S. 1716 introduced as a clean bill by Mr. Pastore (for himself and Mr. 

Baker) on May 12, 1975, S7779. 



268 

Hearings: Subcommittee on Legislation of the Joint Committee on 
Atomic Energy, March 19. 1975. Published under the title of 
"Nuclear Regulatory Commission Authorizing Legislation. Fiscal 
Year 1976". 

Reported (S. Rept. Xo. 94-174) June 4, 1975, S9509. 

Considered and passed by the Senate with two amendments June 17, 
1975, S10828-31. 

Considered and passed by the House after striking all after the enact- 
ing clause and inserting in lieu thereof the language of House 
companion measure H.R. 7001, as amended. June 20, 1975, 

^ H5889-99. 

Senate concurs in the House amendment July 31, 1975, S14782. 

Examined and signed by the Speaker of the House August 1. 1975, 
H8184. 

Examined and signed by the President pro tempore of the Senate 
Auo-ust 1.1975. S14944. 

Presented to the President August 2, 1975. S15098. 

Approved as Public Law 94-79 August 9, 1975, S. 15098. 

Companion Bill— H.R, 7001 

H.R. 3274 introduced by Mr. Price (bv request) February 19, 1975, 

H929. 
H.R. 7001 introduced as a clean bill by Mr. Price May 14, 1975, 

H4076. 
Hearings : As listed above. 

Reported (H. Rept. Xo. 94-260) June 4, 1975, H4921. 
Considered and passed by the House with four amendments ; passage 

of H.R, 7001 vacated and S. 1716 with the House amendments passed 

in lieu thereof; H.R. 7001 laid on the table, June 20. 1975, H5889-99. 



PART V. ERDA AUTHORIZATION ACTS 

PUBLIC LAW 94-187 (ERDA AUTHORIZATION ACT 
FOR FISCAL YEAR 1976) 

[94th Congress, H.R. 3474] 
[December 31, 1975] 

AN ACT 

To authorize appropriations to the Energy Research and Develop- 
ment Administration in accordance with section 261 of the 
Atomic Energy Act of 1954, as amended, section 305 of the En- 
ergy Reorganization Act of 1974, and section 16 of the Federal 
Nonnuclear Energy Research and Development Act of 1974, and 
for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress as- 
sembled, 



TITLE I— AUTHORIZATION OF APPROPRIA- i^K* and 
TIONS FOR FISCAL YEAR 1976 AdmiSFsTratibn 

appropriation 

Sec. 101. There is hereby authorized to be appropriated authorization. 
to the Energy Research and Development Administration 
in accordance with the provisions of section 261 of the 
Atomic Energy Act of 1954, as amended (42 U.S.C. 2017) , 
section 305 of the Energy Reorganization Act of 1974 (42 
U.S.C. 5875), and section 16 of the Federal Nonnuclear 
Energy Research and Development Act of 1974 (42 
U.S.C. 5915) : 

(a) For "Operating expenses", for the following pro- 
grams, a sum of dollrs equal to the total of the following 
amounts : 
(1) Fossil energy development. — 

(A) Coal liquefaction : 
Costs, $96,897,000. 

Changes in selected resources, $665,000. 

(B) High Btu gasification (coal) : 
Costs, $37,838,000. 

Changes in selected resources, $20,526,000. 

(C) Low Btu gasification (coal) : 
Costs, $54,671,000. 

Changes in selected resources, (minus) $4,282,- 
000. 
Provided, That not less than 20 per centum of the 
funds appropriated pursuant to this subparagraph 
(C) shall be used for in situ processes. 

(269) 



270 

(D) Advanced power systems (coal): 
Costs, $8,261,000. 

Changes in selected resources, $2,340,000. 

(E) Direct combustion (coal) : 
Costs, $32,645,000. 

Changes in selected resources, $5,451,000. 

(F) Advanced research and supporting tech- 
nology (coal) , for the following : 

(i) Advanced coal conversion process : 

Costs, $13,000,000. 

Changes in selected resources, $1,000,000. 
(ii) Advanced direct coal utilization process : 

Costs, $4,600,000. 

Changes in selected resources. $400,000. 
(iii) Advanced supporting research: 

Costs, $8,374,000. 

Changes in selected resources. $119,000. 
(iv) System studies : 

Costs, $9,087,000. 

Changes in selected resources, $2,813,000. 

(G) Demonstration plants (coal) : 
Costs, $18,100,000. 

Changes in selected resources, $18,900,000. 
(H) Natural gas and oil extraction : 

Costs, $32,865,000. 

Changes in selected resources. $<S, 564,000. 
(I) Natural gas and oil utilization : 

Costs, $1,582, 000. 

Changes in selected resources, $215,000. 
(J) Oil shale in situ processing : 

Costs, $16,000 .000. 

Changes in selected resources. $3,000,000. 
( K ) Oil shale composition and characterization : 

Costs, $1,113,000. 

Changes in selected resources, $152,000. 
(L) Magnetohvdrodvnamics : 

Costs. $22,340,000. 

Changes in selected resources, $12,160,000. 

(2) SoLAR ENERGY DEVELOPMENT : 

Costs, $97,100,000. 

Changes in selected resources, $62,425,000. 

(3) Geothermal energy development: 
Costs, $34,750,000. 

Changes in selected resources, $8,520,000. 

(4) Conservation research and development. — 

(A) Electric Power Transmission : 
Costs, $11,830,000. 

Chau.Tg in selected r°source c . £200 000. 

( B ) Advanced Transportation Power Systems : 
Costs, $19,000,000. 

Changes in selected resources. $4,500,000. 



271 

( C ) Energy Storage Systems : 
Costs, $23,100,000. 

Changes in selected resources, $5,700,000. 

(D) End-use Conservation : 
Costs, $31,000,000. 

Changes in selected resources, $18,650,000. 
( E ) Improved Conversion Efficiency : 
Costs, $12,625,000. 

Changes in selected resources, $3,000,000. 
( F ) Urban Waste Conversion : 
Costs, $10,000,000. 

Changes in selected resources, $5,000,000. 
(5) Nuclear energy and other programs. — $3,158,- 
970.000, of which a sum of dollars for the following pro- 
grams equal to the total of the following amounts is 
included : 

(A) Scientific and technical education in support 
of Nonnuclear Energv Technologies : 

Costs, $4,500,000. 

Changes in selected resources, $1,350,000. 

(B) General new programs in Environmental and 
Safety Research in support of nonnuclear energy 
technology : 

Costs, $22,100,000. 

Changes in selected resources, $7,700,000. 

(C) For use as provided in section 31 6 of this Act : 
Costs, $4,000,000. 

Changes in selected resources, $1,000,000. 

(D) Nonpulmonary health studies on miners and 
people living in areas subjected to a high incidence 
of sulphur oxides and trace elements : 

Costs, $400,000. 

Changes in selected resources, $100,000. 

(E) New programs of physical research in molec- 
ular and materials sciences in support of nonnuclear 
technologies : 

Costs, $15,725,000. 

Changes in selected resources, $3,750,000. 
> (F) $2,750,000 shall be available pursuant to sec- 
tions 14 and 16 of the Federal Nonnuclear Energv 
Research and Development Act of 1974 (42 U.S.C. 
5913 and 5915) as follows: 

(i) $1,250,000 for the National Bureau of 
Standards ; 

(ii) $500,000 for the Council on Environ- 
mental Quality; and 

(iii) $1,000,000 for the Water Resources 
Council, 
(b) For "Plant and capital equipment", including con- 
struction, acquisition, or modification of facilities, in- 
cluding land acquisition; and acquisition and fabrication 



272 

of capital equipment not related to construction, a sum of 
dollars equal to the total of the following amounts: 

Fossil Energy Development 

(1) Coal.— 

Project 76-1-a. clean boiler fuel demonstration plant 
(A-E and long-lead procurement), $20,000,000. 

Project 76-1-b, High Btu synthetic pipeline gas dem- 
onstration plant (A-E and long-lead procurement), 
$20,000,000. 

Project 76-1-e, Low Btu fuel gas demonstration plant 
(A-E and long-lead procurement), $15,000,000. 

Project 76-1-d, Fluidized bed direct combustion dem- 
onstration plant, $13,000,000. 

Solar, Geothermal, and Advanced Energy Systems 

Development 

(2) Solar energy development. — 

Project 76-2-a, Five megawatt solar thermal test fa- 
cility. S5.000.000. 

Project 76-2-b, Ten megawatt central receiver solar 
thermal powerplant (A-E and long-lead procurement), 
$5,000,000. 

(3) Geothermal energy development. — 
Project 76-3-a, Geothermal powerplant (steam) 

(A-E and long-lead procurement), $5,000,000. 

Project 76-3-b, Geothermal powerplant (A-E and 
long-lead procurement) , $5,000,000. 

(4) Physical research. — 

Project 76^— a, accelerator and reactor improvements 
and modifications, $4,000,000. 

Nuclear Energy Development 

(5) Fusion power research and development. — 
Project 76-5-a, Tokamak fusion test reactor, Prince- 
ton Plasma Physics Laboratory, Plainsboro, New Jersey, 
$23,000,000. 

Project 76-5-b. 14 Mev intense neutron source facility, 
Los Alamos Scientific Laboratory, Xew Mexico, 
$22,100,000. 

Project 76-5-c, 14 Merv high intensity neutron facil- 
ity. Lawrence Livermore Laboratory, California, 
$5,000,000. 

(6) Fission power reactor development. — 
Project 76-6-a, modifications to reactors, $4,000,000. 
Project 76-6-b, sodium components test installation 

steam and .feed water system modification. Liquid Metal 
Engineering Center, Santa Susana, California, $7,700,- 
000. 



273 

(7) Fission power reactor development. — 
Project 76-7-a, test reactor area fire main replacement 

Idaho National Engineering Laboratory, Idaho. $2,* 
200,000. 

(8) Nuclear materials. — 

Project 76-8-a, additional facilities, high level waste 
storage, Savannah River, South Carolina, $68,000,000. 

Project 76-8-b, additional high level waste storage 
facilities, Richland, Washington, $35,000,000. 

Project 76-8-c, supplemental N reactor irradiated fuel 
storage, Richland. Washington, $2,500,000. 

Project 76-8-d, uprate electrical switchyards for 
Roane substation, Oak Ridge, Tennessee, $8,100,000. 

Project 76-8-e, conversion of existing steam plants to 
coal capability, gaseous diffusion plants and Feed Ma- 
terials Production Center, Fernald. Ohio, $12,200,000. 

Project 76-8-f, radioactive liquid waste system im- 
provements, Idaho Chemical Processing Plant, Idaho 
National Engineering Laboratory. Idaho, $5,800,000. 

Project 76-8-g. additional facilities, enriched uranium 
production, locations undetermined, $25,000,000. 

Xational Security 

(9) Weapons.— 

m Project 76-9-a, MK-12A MINUTEMAN II produc- 
tion facilities, various locations, $3,000,000. 

Project 76-9-b, plutonium metallurgy building modifi- 
cations, Lawrence Livermore Laboratory, California, 
$1,000,000. 

Project 76-9-c, limited life component exchange facil- 
ity, Charleston, South Carolina, $13,900,000. 

Project 76-9-d, water control and recycle project, 
Rockv Flats. Colorado, $3,100,000. 

(10) Weapons.— 

Project 76-1 0-a, fire wall construction, Bendix Plant, 
Kansas City. Missouri, $2,000,000. 

Project 76-10-b, fire protection improvements. Los 
Alamos Scientific Laboratory, New Mexico. $4,450,000. 

Project 76-10-c, PHEKMEX enhancement, Los Ala- 
mos Scientific Laboratory, New Mexico, $6,150,000. 

Environmental and Safety Research 

(11) Biomedical and environmental research. — 
Project 76-11-a, modifications and additions to bio- 
medical and environmental research facilities, $3,200,000. 

Project 76-11-b, inhalation toxicolo<rv research facili- 
ties, $6,800,000. 

( 12) General plant projects. — $64,670,000. 

(13) Construction planning and design. — $6,000,000. 



274 

(14) Safeguards axd facility upgrading. — 
Project 76-14, safeguard and security up grading, 

various locations, $32,800,000. 

Capital Equipment Not Related to Construction 

(15) Capital equipment. — Acquisition and fabrica- 
tion of capital equipment not related to construction, for 
the following programs, a sum of dollars equal to the total 
of the following amounts : 

(A) Fossil energy development, $425,000. 

(B) Solar energy development, $3,000,000. 

(C) Geothermaf energy development, $3,120,000. 

(D) Conservation research and development in- 
including improved conversion efficiency, $11,500,000. 

(E) Physical research in molecular and materials 
sciences in support of nonnuclear energy technology, 
$4,600,000. 

(F) Environmental and safety research in sup- 
port of nonnuclear energy technology, $2,000,000. 

(G) Nuclear energy and other programs, $237,- 
502,000. 

Sec. 102. Limitations. — (a) The Administration is au- 
thorized to start any project set forth in subsections 101 
(b) (4), (5), (6), (8), (9), (11), and (14) only if the 
currently estimated cost of that project does not exceed 
by more than 25 percentum the estimated cost set forth 
for that project. 

(b) The Administration is authorized to start any proj- 
ect set forth in subsections 101(b) (7) and (10) only if 
the currently estimated cost of that project does not ex- 
ceed by more than 10 per centum the estimated cost set 
forth for that project. 

( c ) ^he Administration is authorized to start any proj- 
ect under subsection 101(b) (12) only if it is in accord- 
ance with the following : 

( 1 ) The maxi mum currently estimated cost of any 
project shall be $750,000 and the maximum currently 
estimated cost of any building included in such proj- 
ect shall be $300,000 : Provided, That the building 
cost limitation may be exceeded if the Administra- 
tion determines that it is neecssary in the interest of 
efficiency and economy. 

(2) The total cost of al projects undertaken under 
subsection 101 (b) (12) shall not exceed the estimated 
cost se> forth in that section by more than 10 per 
centum. 

(d) The total cost of any project undertaken under 
subsections 101 (b) (4), (5), (6), (8), (9), (11), and 
(14) shall not exceed the estimated cost set forth for that 
project by more than 25 per centum unless and until addi- 
tional appropriations are authorized under section 261 



of the Atomic Energy Act of 1954, as amended -.Provided, i2 usc - 2017 
That this subsection will not apply to any project with an 
estimated cost less than $5,000,000. 

(e) The total cost of any project undertaken under 
subsection 101(b) (7) and (10) shall not exceed the esti- 
mated cost set forth for that project by more than 10 
per centum, unless and until additional appropriations 
are authorized under section 261 of the Atomic Energy 
Act of 1954, as amended : Provided, That this subsection 
will not apply to any project with an estimated cost less 
than $5,000,000. 

Sec. 103. Amendment or Priot? Yeak Acts — (a) Sec- 84 stat 299 - 
tion 101 of Public Law 91-273, as amended, is further 
amended by (1) striking from subsection (b) (1), project 
71-1-f, process equipment modifications, gaseous diffu- 
sion plants, the figure $295,100,000" and substituting 
therefor the figure $478,100,000"; and (2) striking from 
subsection (b)(9), project 71-9, fire, safety, and adequacy 
of operating conditions projects, various locations, the 
figure "$193,000,000" and substituting therefor the figure 
"$240,000,000". 

(b) Section 101 of Public Law 93-60, as amended, is 8T stat 14 3. 
further amended by (1) striking from subsection (b) 

(1), project 74-1-g, cascade uprating program, gaseous 
diffusion plants, the figure "$183,100,000" and substitut- 
ing therefor the figure "$259,600,000"; and (2) striking 
from subsection (b)(2), project 74-2-c, high energy 
laser facility, Lawrence Livermore Laboratory. Cali- 
fornia, the figure "$20,000,000" and substituting there- 
for the figure "$25,000,000". 

(c) Section 101 of Public Law 93-276 is amended by §3 stat. 115. 
(1) striking from subsection (b)(1), project 75-1-a, 
additional facilities, high level waste handling and stor- 
age, Savannah River, South Carolina, the figure "$30,- 
000,000" and substituting therefor the figure "$33,000,- 

000"; (2) striking from subsection (b) (1), project 75-1- 
c, new waste calcining facility, Idaho Chemical Process- 
ing Plant, National Reactor Testing Station, Idaho, the 
figure "$20,000,000" and substituting therefor the figure 
"$27,500,000"; (3) striking from subsection (b) (3), proj- 
ect 75-3-e, addition to building 350 for safeguards 
analytical laboratory, Argonne National Laboratory, Illi- 
nois, the figure "$3,500,000" and substituting therefor 
the figure "$4,300,000"; (4) striking from subsection (b) 
(6), project 75-6-c, positron-electron joint project, Law- 
rence Berkeley Laboratory and Stanford Linear Ac- 
celerator Center, the figure "$900,000" and substituting 
therefor the figure "$11,900,000"; and (5) striking from 
subsection (b)(7), project 75-7-c, intermediate-level 
waste management facilities, Oak Ridge National 
Laboratory, Tennessee, the figure "$9,500,000" and sub- 
stituting therefor the figure "$10,500,000". 



276 

84 stat. 300. (j) Section 106 of Public Law 91-273, as amended, is 

further amended by deleting the present text thereof and 
substituting therefor the following : 1 

86 stat. 234. g EC> 104. Rescissions.— (a) Public Law 92-314, as 

amended, is further amended by rescinding therefrom 
authorization for a project, except for funds heretofore 
obligated, as follows : 

Project 73-5-d. modifications to TREAT facility, Na- 
tional Reactor Testing Station, Idaho, $1,500,000. 

(b) Public Law 93-60, as amended, is further 
amended by rescinding therefrom authorization for a 
project, except for funds heretofore obligated, as 
follows : 

Project 74-3-e. modifications to TREAT facility, Na- 
tional' Reactor Testing Station, Idaho, $2,500,000. 

(c) Public Law 93-276, as amended, is further 
amended by rescinding therefrom authorization for proj- 
ects, except for funds heretofore obligated, a? follows: 

Project 75-13-a. hydrothermal pilot plant. $1,000,000. 

Project 75-5-e, high temperature gas reactor fuel re- 
processing facility. National Reactor Testing Station, 
Idaho, $10,100,000. < 

Project 75-5-f, high temperature gas reactor fuel re- 
fabrication pilot plant, Oak Ridge National Laboratory, 
Tennessee, $3,000,000. 

TITLE II— AUTHORIZATION OF APPROPRIA- 
TIONS FOR THE PERIOD JULY 1, 1976, 
THROUGH SEPTEMBER 30, 1976 

Sec. 201. There is hereby authorized to be appropri- 
ated to the Energy Research and Development Admin- 
istration in accordance with the provisions of section 
261 of the Atomic Energy Act of 1954, as amended (42 
U.S.C. 2017), section 305 of the Energy Reorganization 
Act of 1974 (42 U.S.C. 5875), and section 16 of the Fed- 
eral Nonnuclear Energy Research and Development Act 
of 1974 (.42 U.S.C. 5915) : 

(a) For "Operating expenses'', for the following pro- 
grams, a sum of dollars equal to the total of the following 
amounts : 

(1) Fossil exergy development. — 

(A) Coal liquefaction : 
Costs, $16,000,000. 

Changes in selected resources, $12,750,000. 

(B) High Btu gasification (coal) : 
Costs. $7,450,000. 

Changes in selected resources, $1,800,000. 

1 Text which follows is printed on pages 277-78 as part of section 201 
as Public Law 94-187. This printing: error was made during the enrolling 
of Public Law 94— 1S7. This printing error was made during the enrolling 
process. 



arrangements. 



277 

(C) Low Bin gasification (coal) : 
Costs, $7,300,000. 
Changes in selected resources, $5,350,000. 

Provided, That not less than 20 per centum of the 
funds appropriated pursuant to this subparagraph 
(C) shall be used for in situ processes. 

(D) Advanced power systems (coal) : 
Costs, $2,050,000. 
Changes in selected resources, $1,450,000. 

(E) Direct combustion (coal) : 
Costs, $5,100,000. 
Changes in selected resources, $9,800,000. 

(F) Advanced research and supporting technol- 
ogy (coal), for the following: 

(i) Advanced coal conversion process: 

Costs, $2,100,000. 

Changes in selected resources, $1,900,000. 
(ii) Advanced direct coal utilization process : 

Costs, $500,000. 

Changes in selected resources, $500,000. 
"Sec. 106. Liquid Metal Fast Breeder Reactor Cooperative 
Demonstration Program — Fourth Round. — (a) The 
Energy Research and Development Administration 
(ERDA) is hereby authorized to enter into cooperative 
arrangements with reactor manufacturers and others for 
participation in the research and development, design, 
construction, and operation of a Liquid Metal Fast 
Breeder Reactor powerplant, in accordance with criteria 
approved by the Joint Committee on Atomic Energy, 
without regard to the provisions of section 169 of the 
Atomic Energy Act of 1954, as amended. Appropriations 
are hereby authorized for the period consisting of the 
fiscal year ending June 30, 1976, and the interim period 
following that fiscal year and ending September 30, 1976, 
for the aforementioned cooperative arrangements as 
shown in the basis for arrangements as submitted in ac- 
cordance with subsection (b) hereof. In addition, ERDA 
may agree to provide assistance in the form of waiver of 
use charges during the term of the cooperative arrange- 
ments without regard to the provisions of section 53 of 
the Atomic Energy Act, as amended, by waiving use 
charges in an amount not to exceed $10,000,000. 

"(b) Before ERDA enters into any arrangement or 
amendment thereto under the authority of subsection (a) 
of this section, the basis for the arrangement or amend- 
ment thereto which ERDA proposes to execute (includ- 
ing the name of the proposed participating party or 
parties with which the arrangement is to be made, a gen- 
eral description of the proposed powerplant, the esti- 
mated amount of cost to be incurred by ERDA and by 
the participating parties, and the genera] features of the 



278 

proposed arrangement or amendment) shall be sub- 
mitted to the Joint Committee on Atomic Energy, and a 
period of forty-five days shall elapse while Congress is in 
session (in computing such forty-five days, there shall be 
excluded the days on which either House is not in session 
because of adjournment for more than three days) : Pro- 
vided, hov:ever< That the Joint Committee, after having 
received the basis for a proposed arrangement or amend- 
ment thereto, may by resolution in writing waive the con- 
ditions of all. or any portion of, such forty-five-day 
period : Provided, further. That such arrangement or 
amendment shall be entered into in accordance with the 
basis for the arrangement or amendment submitted as 
provided herein : And provided further, That no basis for 
arrangement need be resubmitted to the Joint Committee 
for the sole reason that the estimated amount of the cost 
to be incurred by EBDA exceeds the estimated cost pre- 
viously submitted to the Joint Committee by not more 
than 15 per centum. Notwithstanding the foregoing, 
ERDA, in each of its annual budget submissions, shall 
submit for the information and review of the Joint Com- 
mittee in the exercise of its oversight responsibility, the 
anticipated obligations and costs for t))Q ensuing fiscal 
year for the project authorized under subsection (a) of 
this section. 

"(c) The ERDA is hereby authorized to agree, by 
modification to the definitive cooperative arrangement 
reflecting such changes therein as it deems appropriate 
for such purpose, to the following : (1) to execute and de- 
liver to the other parties to the definitive contract, the 
special undertakings of indemnification specified in said 
contract, which undertakings shall be subject to avail- 
ability of appropriations to ERDA and to the provisions 
of section 3679 of the Revised Statutes, as amended; and 
31 u.s.c. 665. (o) to acquire ownership and custody of the property 
constituting the Liquid Metal Fast Breeder Reactor 
powerplant or parts thereof, and to use, decommission, 
and dispose of said property, as provided for in the 
definitive contract." 

(iii) Advanced supporting research : 
Costs, $1,400,000. 
Changes in selected resources, $450,000. 

(iv) Systems studies : 
Costs, $1,400,000. 

Changes in selected resources, $1,600,000. 
(G) Demonstration plants (coal) : 

Costs, $4,100,000. 

Changes in selected resources. $4,900,000. 
(H) Natural gas and oil extraction : 

Costs. $9,930,000. 

Changes in selected resources, $600,000. 



279 

(I) Natural gas and oil utilization : 

Costs, $500,000. 

Changes in selected resources (minus) $50,- 

000. 
(J) Oil shale in situ processing : 

Costs, $4,241,000. 

Changes in selected resources, $529,000. 
(K) Oil shale composition and characterization: 

Costs, $300,000. 

Changes in selected resources, $0. 
( L ) Ma gnetoh y drodynamics. 

Costs, $6,700,000. 

Changes in selected resources, $1,700,000. 

(2) Solar energy development. — 
Costs, $24,500,000. 

Changes in selected resources, $19,203,000. 

(3) Geothermal energy development. — 
Costs, $10,100,000. 

Changes in selected resources, $850,000. 

(4) Conservation research and development. — 

(A) Electric Power Transmission : 
Costs, $2,673,000. 

Changes in selected resources (minus) $100,- 
000. 

(B) Advanced Transportation Power Systems: 
Costs, $4,750,000. 

Changes in selected resources, $1,060,000. 

(C) Energy Storage Systems: 
Costs, $5,400,000. 

Changes in selected resources, $900,000. 

(D) End-use Conservation : 
Costs, $8,000,000. 

Changes in selected resources, $2,000,000. 

(E) Improved Conversion Efficiency. 
Costs, $3,475,000. 

Changes in selected resources, $1,100,000. 

(F) Urban Waste Conversion : 
Costs, $2,500,000. 

Changes in selected resources, $1,250,000. 

(5) Nuclear energy and other programs. — $914,- 
849,000, of which a sum of dollars for the following pro- 
grams equal to the total of the following amounts is 
included : 

(A) Scientific and technical education in support 
of Nonnuclear Energy Technologies : 

Costs, $1,125,000. 

Changes in selected resources, $337,000. 

(B) General new programs in Environmental 
and Safety Research in support of nonnuclear en- 
ergy technology : 

Costs, $5,525,000. 

Changes in selected resources, $1,919,000. 



280 

(C) For use as provided in section 316 of this 
Act : 

Costs. $1,000,000. 

Changes in selected resources. $2.50.000. 

(D) Nonpulmonary health studies on miners and 
people living in areas subjected to a high incidence 
of sulphur oxides and trace elements : 

Costs. $100,000. 

Changes in selected resources. $25,000. 

(E) New programs of physical research in molec- 
ular and materials sciences in support of nonnuclear 
technologies : 

Costs, $3,931,000. 

Changes in selected resources, $1,168,000. 

(F) $687,000 shall be available pursuant to sec- 
tions 14 and 16 of the Federal Nonnuclear Energy 
Research and Development Act of 1974 (42 U.S.C. 
5913 and 5915) as follows : 

(i) $312,000 for the National Bureau of 
Standards ; 

(ii) $125,000 for the Council on Environ- 
mental Quality ; and 

(iii) £250.000 for the Water Resources 
Council, 
(b) For ''Plant and capital equipment", including 
construction, acquisition, or modification of facilities, in- 
cluding land acquisition; and acquisition and fabrication 
of capital equipment not related to construction, a sum 
of dollars equal to the total of the incremental amounts 
of the following : 

Fossil Exergy Development 

(1) Coal.— 

Project 76-1-a, clean boiler fuel demonstration plant 
(A-E and long-lead procurement) . $8,000,000. 

Project 76-1-b, High Btu synthetic pipeline gas dem- 
onstration plant (A-E and lomj-lead procurement). 
$5,000,000. 

Project 76-1-e, Low Btu fuel gas demonstration plant 
(A-E and long-end procurement), $3,750,000. 

Project 76-1-d, Fluidized bed direct combustion dem- 
onstration plant, $3,250,000. 

Solar, Geothermal, axd Advanced Energy Systems 
Development 

(2) Solar energy development. — 

Project 76-2-a, Five megawatt solar thermal test fa- 
cility. $1,250,000. 

Project 76-2-b. Ten megawatt central receiver solar 
thermal powerplant (A-E and long-lead procurement), 
$1,250,000. 



281 

(3) Geothermal energy development. — 

Project 76-3-a, Geothermal powerplant (steam) 
(A-E and long-lead procurement), $1,250,000. 

Project 76-3-b, Geothermal powerplant (A-E and 
long-lead procurement) , $1,250,000. 

(4) Physical research. — 

Project 76-4-a, accelerator and reactor improvements 
and modifications, $1,000,000. 

Xuclear Energy Development 

(5) Fusion power research and development. — 
Project 76-5-a, tokamak fusion test reactor, Princeton 

Plasma Physics Laboratory, Plainsboro, New Jersey, 
$7,000,000. ' 

(6) General plant projects.— $15,900,000. 

(7) Construction planning and design. — $1,500,000. 

Capital Equipment Xot Belated to Construction 

(8) Capital equipment. — 

Acquisition and fabrication of capital equipment not 
related to construction, for the following programs, a 
sum of dollars equal to the total of the following 
amounts : 

(A) Fossil energy development, $200,000. 

(B) Geothermal energy development, $200,000. 

(C) Conservation research and development in- 
cluding improved conversion efficiency, $2,900,000. 

(D) Physical research in molecular and materials 
sciences in support of nonnuclear energy technology, 
$1,037,000. t 

(E) Environmental and safety research in sup- 
port of nonnuclear energy technologies, $500,000. 

(F) Nuclear energy and other proorams, $58,- 
086,000. 

Sec 202. Limitations. — (a) The Administration is au- 
thorized to start any project set forth in subsections 201 
(b) (4) and (5) only if the currently estimated cost of 
that project does not exceed by more than 25 per centum 
the estimated cost set forth for that project. 

(b) The Administration is authorized to start any 
project under subsection 201(b) (6) only if it is in ac- 
cordance with the following : 

(1) The maximum currently estimated cost of any 
project shall be $750,000 and the maximum currently 
estimated cost of any building included in such proj- 
ect shall be $300,000: Provided, That the building 
cost limitation may be exceeded if the Administra- 
tion determines that it is necessary in the interest of 
efficiency and economy. 

(2) The total cost of all projects undertaken un- 
der subsection 201(b)(6) shall not exceed the esti- 

63-234 — 7G 19 



282 



84 Stat. 299. 



87 Stat. 143. 



Construction 

design 

services. 



Transfer 
of sums. 



mated cost sot forth in that subsection by more than 
10 per centum. 

(c) The total cost of any project undertaken under 
subsection 201(b) (4) and (5) shall not exceed the esti- 
mated cost set forth for that project by more than 25 
per centum, unless and until additional appropriations 
are authorized under section 261 of the Atomic Energy 
Act of 1951, as amended : Provided, That this subsection 
will not apply to any project with an estimated cost less 
than $5,000,000. 

Sec. 203. Amexdmext of Prior Year Acts. — (a) Sec- 
tion 101 of Public Law 91-273, as amended, is further 
amended by striking from subsection (b) (1) , project 71- 
1-f, process equipment modifications, gaseous diffusion 
plants, the figure "$478,100,000" and substituting there- 
for the figure "$510,100,000". 

(b) Section 101 of Public Law 93-60, as amended, is 
further amended by striking from subsection (b)(1), 
project 74— 1-g, cascade uprating program, gaseous dif- 
fusion plants, the figure "$259,600,000" and substituting 
therefor the figure "$270,400,000". 

TITLE III— GENERAL PROVISIONS 

Part A — Proyisioxs Relatixg to Programs Other 
Than Fossil Exergy Developmext 

Sec. 301. The Administrator is authorized to perform 
construction design services for any Administration con- 
struction project whenever (1) such construction project 
has been included in a proposed authorization bill trans- 
mitted to the Congress by the Administrator, and (2) the 
Administrator determines that the project is of such 
urgency that construction of the project should be initi- 
ated promptly upon enactment of legislation appropriat- 
ing funds for its construction. 

Sec. 302. Any moneys received by the Administration 
may be retained and used for operating expenses (except 
sums received from disposal of property under the 
Atomic Energy Community Act of 1955 and the Stra- 
tegic and Critical Materials Stockpiling Act, as amended, 
and fees received for tests or investigations under the 
Act of May 16, 1910, as amended (42 U.S.C. 2301 ; 50 
U.S.C. 98h; 30 U.S.C. 7)), notwithstanding the provi- 
sions of section 3617 of the Revised Statutes (31 U.S.C. 
484), and may remain available until expended. 

Sec. 303. Transfers of sums from the "Operating ex- 
penses" appropriation may be made to other agencies of 
the Government for the performance of the work for 
which the appropriation is made, and in such cases the 
sums so transferred, may be merged with the appropria- 
tion to which transferred. 



283 

Sec. 304. Sections 301, 302. and 303 of this Act do not 
apply to fossil energy development programs of the Ad- 
ministration. 

Part B — Provisions Relating to XoxxucLear 
Energy Development 

Sec. 305. Repkograming Authority. — Except as pro- 
vided in part C of this title — 

(1) no amount appropriated pursuant to this Act 
may be used for any nonnuclear program in excess 
of the amount actually authorized for that partic- 
ular program by this Act, 

(2) no amount appropriated pursuant to this Act 
may be used for any nonnuclear program which has 
not been presented to, or requested of, the Congress. 

unless (A) a period of thirty calendar days (not includ- 
ing any day in which either House of Congress is not iu 
session because of adjournment of more than thre& 
calendar days to a day certain) has passed after the 
receipt by the Committee on Science and Technology of 
the House of Representatives and the Committee on In- 
terior and Insular Affairs of the Senate of notice given 
by the Administrator containing a full and complete 
statement of the action proposed to be taken and the facts 
and circumstances relied upon in support of such pro- 
posed action, or (B) each such committee before the ex- 
piration of such period has transmitted to the Adminis- 
trator written notice to the effect that such committee has 
no objection to the proposed action: Provided* That the 
following categories may not, as a result of reprograming. 
be decreased by more than 10 per centum of the sums 
appropriated pursuant to this Act for such categories: 
Coal, petroleum and natural gas, oil shale, solar, geo- 
thermal, and conservation. 

Sec. 306. The Administrator shall submit to the Com- j*. 11 ;.'™^* 
mittee on Science and Technology of the House of Repre- explanation 
sentatives and the Committee on Interior and Insular sionai^ 68 " 
Affairs of the Senate a detailed explanation of the alio- committees. 
cation of the funds appropriated pursuant to sections 
101 ( a) and 201 (a ) of this Act for nonnuclear energy pro- 
grams and subprograms, reflecting the relationships, 
consistencies, and dissimilarities between those alloca- 
tions and (a) the comprehensive program definition 
transmitted pursuant to section 102 of the Geothermal 
Energy Research, Deveolpment, and Demonstration Act. 
(b) the comprehensive program definition transmitted 30 U.S.C. 1122 
pursuant to section 15 of the Solar Energy Research, 1 )e- 
velopment. and Demonstration Act of 11)74 (42 U.S.C. 
5564), (c) the comprehensive nonnuclear energy research 
development, and (d) demonstrations transmitted pur- 
suant to section 6 of the Federal Xonnuclear Energy Re- 
search and Development Act of 1974 (42 U.S.C. 5905). 



284 



Report to 
congressional 

committees. 
42 U.S.C. 5S01 
note. 



42 U.S.C. 5904 
note. 



42 U.S.C. 

note. 



5914 



Sec. 307. "When so specified in an appropriation Act. 
any amount appropriated pursuant to this Act for 
"Operating expenses" or for "Plant and capital equip- 
ment*' for nonnuclear energy may remain available until 
expended. 

Sec. 308. The Administrator shall, by June 30, 1076. 
and by the end of each fiscal year thereafter, submit a 
report to the Committee on Science and Technology of 
the House of Representatives and the Committee on In- 
terior and Insular Affairs of the Senate detailing the 
extent to which small business and nonprofit organiza- 
tions are being funded by the nonnuclear research, de- 
velopment, and demonstration programs of the Adminis- 
trator, and the extent to which small business involvement 
pursuant to section 2(d) of the Energy Reorganization 
Act of 1974 (42 U.S.C. 5801(d) ) is being encouraged by 
the Administrator. 

Sec. 309. The Administrator shall coordinate non- 
nuclear programs of the Administration with the heads 
of relevant Federal agencies in order to minimize un- 
necessary duplication of programs, projects and research 
facilities. 

Sec. 310. The Administrator shall, as soon as prac- 
ticable and consistent with design, economic, and feasi- 
bility studies, include in an annual authorization proposal 
a recommendation on construction of at least one demon- 
stration offshore wind-electric generating facility. 

Sec. 311. As a part of the annual report required by 
section 15(a) (1) of the Federal Nonuclear Energy Re- 
search and Development Act of 1974 (42 U.S.C. 5914 
(a) (1) ) , the Administrator shall : 

(a) detail the Solar Energy Division personnel 
level recommended for the current fiscal year by the 
Administrator and submitted to the Office of Man- 
agement and Budget, and the personnel level author- 
ized upon review by that Office : and 

(b) detail progress toward completion by Janu- 
ary 1, 1980. of the objectives of the Solar Energy 
Research. Development, and Demonstration Act of 
1974 (42 U.S.C. 5551, et seq.). 

Sec. 312. The Federal Xonnuclear Energy Research 
and Development Act of 1974 (42 U.S.C. 5901) is 
amended by adding at the end thereof the following new 
section: 



"central source of xoxxuclear energy information 



42 U.S.C. 5916. 



"Sec. 17. The Administrator shall promptly establish, 
develop, acquire, and maintain a central source of infor- 
mation on all energy resources and technology in further- 
ance of the Administrator's research, development, and 
demonstration mission carried out directly or indirectly 
under this Act. "When the Administrator determines that 
such information is needed to carry out the purposes of 



285 

this Act, lie may acquire proprietary and other informa- 
tion (a) by purchase through negotiation or by donation 
from any person, or (b) from another Federal agency. 
The information maintained by the Administrator shall 
be made available to the public, subject to the provisions 
of section 552 of title 5, United States Code, and section 
1905 of title 18, United States Code, and to other Govern- 
ment agencies in a manner that will facilitate its dissemi- 
nation: Provided, That upon a showing satisfactory to 
the Administrator by any person that any information, 
or portion thereof, obtained under this section by the 
Administrator directly or indirectly from such person, 
would, if made public, divulge (1) trade secrets or (2) 
other proprietary information of such person, the Admin- 
istrator shall not disclose such information and disclosure 
thereof shall be punishable under section 1905 of title 18, 
United States Code : Provided further, That the Admin- 
istrator shall, upon request, provide such information to 
(A) any delegate of the Administrator for the purpose 
of carrying out this Act. and (B) the Attorney General, 
the Secretary of Agriculture, the Secretary of the Inte- 
rior, the Federal Trade Commission, the Federal Energy 
Administration, the Environmental Protection Agency, 
the Federal Power Commission, the General Accounting 
Office, other Federal agencies, when necessary to carry 
out their duties and responsibilities under this and other 
statutes, but such agencies and agency heads shall not 
release such information to the public. This section is not 
authority to withhold information from Congress or any 
committee of Congress upon request of the chairman.". 
"Sec. 313. The Federal Xonnuclear Energy Research 
and Development Act of 1974 (42 U.S.C. 5901) is 
amended by adding at the end thereof (after the new 
section added by section 312 of this Act) the following 
new section : 



"Sec. 18. The Administrator is, upon request, author- 
ized to obtain energy information under section 11(d) of 42 u - s - c - 5917 - 
the Energy Supply and Environmental Coordination 
Act of 1974, as amended (15 U.S.C. 796(d) ).". 

Part C — Provisions Relating to Fossil Energy 
Development 

Sec. 314. Funds appropriated pursuant to this Act for 
''Operating expenses" for fossil energy purposes may be 
used for (1) any facilities which may be required at 
locations, other than installations of the Administration, 
for the performance of research and development con- 
tracts, and (2) grants to any organization for purchase 
or construction of research facilities. No such funds shall 
be used for the acquisition of land. Fee title to all such 
facilities shall be vested in the United States, unless the 



286 

Administrator determines in writing that the programs of 
research and development authorized by this Act shall 
best bo implemented by vesting fee title in an entity other 
than the United States: Provided, That, before approv- 
ing the vesting of title in snch entity, the Administrator 
shall (A) transmit such determination, together with 
all pertinent data, to the Committee on Science and Tech- 
nology of the House of Representatives and the Com- 
mittee on Interior and Insular Affairs of the Senate, and 
(B) wait a period of thirty calendar days (not including 
any day in which either House or Congress is not in ses- 
sion because of adjournment of more than three calendar 
days to a day certain), unless prior to the expiration of 
such period each such committee has transmitted to the 
Administrator written notice to the effect that such com- 
mittee has no objection to the proposed action. Each grant 
shall be made under such conditions as the Administrator 
deems necessary to insure that the United States will re- 
ceive therefrom benefits adequate to justify the making of 
the grant. Xo such funds shall be used under clause (1) 
of the first sentence of this section for the construction of 
any major facility the estimated cost of which, including 
collateral equipment, exceeds $-250,000 unless the Ad- 
ministrator shall (i) transmit a report on such major 
facility showing the nature, purpose, location, and esti- 
mated cost of such facility to the Committee on Science 
and Technology of the House of Representatives and the 
Committee on Interior and Insular Affairs of the Senate, 
and (ii) wait a period of thirty calendar days (not in- 
cluding any day in which either House of Congress is 
not in session because of adjournment of more than three 
calendar days to a day certain) . unless prior to the expira- 
tion of such period each such committee has transmitted 
to the Administrator written notice to the effect that such 
committee has no objection to the proposed action. 

Sec. 315. Xot to exceed three per centum of all funds 
appropriated pursuant to this Act for "Operating ex- 
penses'' for fossil energy purposes may be used by the 
Administrator to construct, expand, or modify labora- 
tories and other facilities, including the acquisition of 
land, at any location under the control of the Admin- 
istrator, if the Administrator determines that (1) such 
action would be necessary because of changes in the 
national programs authorized to be funded by this Act 
or because of new scientific or engineering deA'elopments, 
and (2) deferral of such action until the enactment of 
the next authorization Act would be inconsistent with the 
policies established by Congress for the Administration. 
S^o portion of such sums may be obligated for expendi- 
ture or expended for such activities, unless (A) a period 
of thirty calendar days (not including any day in which 
either House of Congress is not in session because of 
adjournment of more than three calendar days to a day 
certain) has passed after the Administrator has trans- 



287 

mitted to the Committee on Science and Technology of 
the House of Representatives and the Committee on In- 
terior and Insulai- Affairs of the Senate a written report 
containing a full and complete statement concerning (i) 
the nature of const ruction, expansion, or modification, 
(ii) the cost thereof, including the cost of any real estate 
action pertaining thereto, and (iii) the reason why such 
construction, expansion, or modification is necessary and 
in the national interest, or (B) each such committee be- 
fore the expiration of such period has transmitted to the 
Administrator written notice to the effect that such com- 
mittee has no objection to the proposed action. 

Sec. 316. The Administrator shall conduct an environ- 
mental and safety research, development, and demonstra- 
tion program related to fossil fuels. 

TITLE IV— OAK RIDGE HOLIFIELD NATIONAL 
LABORATORY 



Sec. 401. The Holifield Xational Laboratory at Oak Designation 
Ridge, Tennessee, shall hereafter be known and desig- 
nated as the "Oak Ridge Xational Laboratory''. Any ref- 
erence in any law, map, regulation, document, record, or 
other paper of the United States to the Holifield Xational 
Laboratory or to the Oak Ridge Xational Laboratory 
shall be held to be a reference to the u Oak Ridge Xational 
Laboratory''. 

Sec. 402. The Heavy Ion Research Facility under con- 
struction at Oak Ridge, Tennessee, is hereby designated 
as the '"Holifield Heavy Ion Research Facility' 5 . Any 
reference in any law, regulation, map, record, or other 
document of the United States to the Heavy Ion Research 
Facility shall be considered a reference to the "Holifield 
Heavy Ion Research Facility''. 



Holified 
Heavy Ion 
Research 
Facility. 
Designation. 



TITLE V— AIR TRAXSPORTATIOX OF 
PLUTONIUM 



Sec. 501. The Energy Research and Development Ad- 
ministration shall not ship plutonium in any form by 
aircraft whether exports, imports, or domestic shipment : 
Provided, That any exempt shipments of plutonium, as 
defined by section 502. are not subject to this restriction. 
This restriction shall be in force until the Energy Re- 
search and Development Administration has certified to 
the Joint Committee on Atomic Energy of the Congress 
that a safe container has been developed and tested which 
will not rupture under crash and blast testing equivalent 
to the crash and explosion of a high-flying aircraft. 

Sec. 502. For the purposes of this title, the term 
"exempt shipments of plutonium'' shall include the 
following : 

(1) Plutonium shipments in any form designed 
for medical application. 



42 U.S.C 5S17 
note. 



"Exempt 
shipment 
of 
plutonium." 



288 

note U " S ' C ' 5S1T (-) Plutonium shipments which pursuant to rules 

promulgated by the Administrator of the Energy 
Research and Development Administration are 
determined to be made for purposes of national se- 
curity, public health and safety, or emergency main- 
tenance operations. 

(3) Shipments of small amounts of plutonium 
deemed by the Administrator of the Energy Re- 
search and Development Administration to require 
rapid shipment by air in order to preserve the chemi- 
cal, physical, or isotopic properties of the transported 
item or material. 

TITLE YI— ASSISTANCE PAYMENTS 
AMENDMENTS 

Sec. 601. Chapter 9 of the Atomic Energy Community 
Act of 1955 (42 U.S.C. 2391 et seq.) is amended— 

(1) by striking out "Commission" each time it 
239?'i'392 2391, appears in sections 91 and 94, the first time it appears 

42 u.s.c. 2393. in section 92, and where it appears in section 93, and 

inserting in each instance in lieu thereof the follow- 
ing : "Administrator" ; 
42 u.s.c. 2391. (2) by striking out "atomic energy" in section 91a 

(2) and inserting "Energy Research and Develop- 
ment Administration" in lieu thereof ; 

(3) by striking out "its" in section 91d ; 

(4) by striking out "itself" in section 91e ; 

(5) by striking out the period at the end of the 
first sentence of section 91a, and inserting in lieu 
thereof the following : " : Provided further, That the 
Administrator is also authorized to make payments 
of just and reasonable sums to Anderson County and 
Roane County, Tennessee." ; 

(6) by inserting immediately after "Richland 
School District" in section 91d, but before the closing 
of parentheses, the following : " ; or not less than six 
months prior to June 30, 1986, in the case of Ander- 
son County and Roane County, Tennessee" ; 

(7) by striking out "Commission" in the catchlines 
of sections 92 and 94 ; 

239?' S * C * 2392, (■**) ky striking out "Commission" the second time 

it appears in section 92, and inserting "Energy Re- 
search and Development Administration" in lieu 
thereof; and 

(9) by striking out the final period in section 93 
and inserting in lieu thereof the following : " ; and in 
the case of Anderson County and Roane County, 
Tennessee, shall not extend beyond June 30, 1986.". 1 



1 Public Law 94-187 authorizes appropriations for both the nuclear 
and nonnuclear programs of the Energy Research and Development 
Administration. 



289 

Index to Legislative History of Public Law 94-187 (H.R. 3474) 

<Page references are to the daily editions of the Congressional Record, 94th 

Congress, 1st Session) 

H.R. 3474 introduced by Mr. Price (for himself and Mr. Teague) 
(by request) on February 20, 1975, and referred jointly to the Joint 
Committee on Atomic Energy and the House Committee on Science 
and Technology, H993. 

Hearings: Full Joint Committee on Atomic Energy, February 4, 
1975. Subcommittee on Legislation of the Joint Committee on 
Atomic Energy, February 18 and 27, 1975, and March 4, 5, 6, 11, 
12 and 13, 1975. Open hearings published in three volumes under 
the title of '-ERDA Authorizing Legislation Fiscal Year 1976". 

Reported (H. Rept. Xo. 94-294) June 13, 1975, with amendments 
(Joint Report of the Joint Committee on Atomic Energy and the 
House Committee on Science and Technology), H5467. 

Considered by the House June 19, 1975, H5752-88. 

Further considered and passed bv the House with amendments 
June 20, 1975, H5833-87. 

Considered and passed by the Senate after striking all after the enact- 
ing clause and inserting in lieu thereof the language of Senate 
companion measure S. 598, as amended, July 31, 1975, S14587-90, 
S14592-637, S14643-61, S14666-73, S14753-80. 

House requests a conference September 5, 1975, H8354. 

Senate agrees to the House request for a conference September 9. 1975, 
S15572-73. 

Conference Report filed December 8. 1975, (H. Rept. Xo. 94-696, 
H12020, and S. Rept. Xo. 94-514, S21326) . 

House agrees to the Senate amendment to H.R. 3474 with two amend- 
ments; measure referred back to the Senate December 11, 1975, 
H12336-428. 

Senate concurs in the House amendments to the Senate amendment to 
H.R. 3474 December 18, 1975, S22778-79. 

Examined and signed bv the Speaker of the House December 18, 1975, 
H13049. 

Examined and signed bv the President pro tempore of the Senate De- 
cember 18, 1975. S22680. 

Presented to the President December 19, 1975, H13203. 

Approved as Public Law 94-187 December 31, 1975. 

CozuFAXiox Bill — S. 598 

S. 508 introduced by Mr. Pastore (for himself and Mr. Jackson) (by 
request) on February 7, 1975, S1606. 

Hearings: As listed above. 

Reported (S. Rept. Xo. 94-104) May 6. 1975, with amendments, S7475. 

Considered and amended by the Senate : H.R. 3474 passed in lieu there- 
of with the Senate amendments; further consideration of S. 598 
postponed indefinitely, July 31, 1975, S14587-90, S14592-637, 
S 14643-61, S14666-73; S14753-80. 



PART VI. EURATOM COOPERATION ACT OF 1958 
AND CONCURRENT RESOLUTION 

PUBLIC LAW 85-846 [S. 4273] 



EURATOM 
Cooperation 
Act of 1958. 



Definitions. 



AN ACT 

To provide for cooperation with the European Atomic Energy 
Community. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assem- 
bled, That this Act may be cited as the "EURATOM 
Cooperation Act of 1958''. 

Sec. 2. As used in this Act — 

(a) "The Community" means the European Atomic 
Energy Community (EURATOM). 

(b) The "Commission" means the Atomic Energy 
Commission, as established by the Atomic Energy Act 
of 1954, as amended. 

(c) "Joint program" means the cooperative program 
established by the Community and the United States and 
carried out in accordance with the provisions of an agree- 
ment for cooperation entered into pursuant to the pro- 
visions of section 123 of the Atomic Energy Act of 1954, 
as amended, to bring into operation in the territory of 
the members of the Community powerplants using 
nuclear reactors of types selected by the Commission and 
the Community, having as a goal a total installed capac- 
ity of approximately one million kilowatts of electricity 
by December 31, 1963, except that two reactors may be 
selected to be in operation by December 31, 1965. 

(d) All other terms used in this Act shall have the 
same meaning as terms described in section 11 of the 
Atomic Energy Act of 1954, as amended. 

Sec. 3. There is hereby authorized to be appropriated Research and 
to the Commission, in accordance with the provisions of p™£K? ent 
section 261(a) (2) of the Atomic Energy Act of 1954, as 
amended, 1 the sum of $3,000,000 2 as an initial authori- 
zation for fiscal year 1959 for use in a cooperative pro- 
gram of research and development in connection with the 
types of reactors selected by the Commission and the 
Community under the joint 'program. The Commission 
may enter into contracts for such periods as it deems 



107, amended section 



o^ Pu ^ lic Law 8< ^ 72 (77 Stat. 84) (1963), sec. 

261a. See footnotes to that section, supra. 

T 2Pl oo n £^ L ? w S6 - 50 < s ?c- 109), Public Law S7-701 (sec. 109), Public 

^o 88 , - ' 2 fe\ 103 lv P ^ bli , c Law 88 - 3 32 (sec. 101(a)), and Public Law 

0&-04 (sec. 101). authorized appropriation of an additional S7 000OOO 

$5,000,000, $7,500,000, $3,000,000, and $3,000,000 respe?tiTely 

(291) 



292 

necessary, but in no event to exceed five years, for the 
purpose of conducting the research and development pro- 
gram authorized by this section: Provided, That the 
Community authorizes an equivalent amount for use in 
the cooperative program of research and development. 
Sec. 4. The Commission is authorized, within limits of 
Guarantee amounts which may hereafter be authorized to be appro- 

contracts, priated in accordance with the provisions of section 261 

(a) (2) 3 of the Atomic Energy Act of 1954, as amended, 
to make guarantee contracts which shall in the aggregate 
not exceed a total contingent liability of $90,000,000 de- 
signed to assure that the charges to an operator of a re- 
actor constructed under the joint program for fabri- 
cating, processing, and transporting fuel will be no 
greater than would result under the fuel fabricating and 
fuel life guarantees which the Commission shall establish 
for such reactor. Within the limits of such amounts, the 
Commission is authorized to make contracts under this 
li use 665 section, without regard to the provisions of sections 3679 
252(c)' _ and 3709 of the Revised Statutes, as amended, for such 

26tMb).) ' ' periods of time as it determines to be necessary : Provided, 
however, That no such contracts may extend for a period 
longer than that necessary to cover fuel loaded into a 
reactor constructed under the joint program during the 
first ten years of the reactor operation or prior to De- 
cember 31, 1973 (or December 31, 1975, for not more than 
two reactors selected under section 2(c)), whichever is 
earlier. In establishing criteria for the selection of proj- 
ects and in entering into such guarantee contracts, the 
Commission shall be guided by, but not limited to, the 
following principles :. 

(a) The Commission shall encourage a strong and com- 
petitive atomic equipment manufacturing industry in the 
United States designed to provide diversified sources of 
supply for reactor parts and reactor fuel elements under 
the joint program; 

(b) The guarantee shall be consistent with the provi- 
sions of this Act and of Attachment A to the Memoran- 
dum of Understanding between the Government of the 
United States and the Community, signed in Brussels 
on May 29, 1958, and in Washington, District of Colum- 
bia, on June 12, 1958, and transmitted to Congress on 
June 23, 1958; 

(c) The Commission shall establish and publish criteria 
for computing the maximum fuel element charge and 
minimum fuel element life to be guaranteed by the manu- 
facturer as a basis for inviting and evaluating pro- 
posals. 4 

8 Spe footnote 1. supra. 

4 Public Law 87-20G (75 Stat. 475) (1901), amended section 4(c). 
Prior to amendment, it read : "The commission shall establish and publish 
minimum levels of fupl element cost and life to be guaranteed by the 
manufacturer as a basis for inviting and evaluating proposals." 



293 

(d) The guarantee by the manufacturer shall be as 
favorable as any other guarantee offered by the manu- 
facturer for any comparable fuel element within a rea- 
sonable time period ; and 

(e) The Commission shall obtain a royalty-free, non- 
exclusive, irrevocable license for governmental purposes 
to any patents on inventions or discoveries made or con- 
ceived by the manufacturer in the course of development 
or fabrication of fuel elements during the period covered 
by the Commission's guarantee. 

Sec. 5. Pursuant to the provisions of section 54 of the ionium* 11 * 3 
Atomic Energy Act of 1954, as amended, there is hereby 
authorized for sale or lease to the Community — 

an amount of contained uranium 235 which does not 
exceed that necessary to support the fuel cycle of 
power reactors located within the Community hav- 
ing a total installed capacity of thirty-five thou- 
sand megawatts of electric energy, together with 
twenty-five thousand kilograms of contained ura- 
nium 235 for other purposes ; 5 
one thousand Rva hundred kilograms of plutonium ; 

and 
thirty kilograms of uranium 233; 
in accordance with the provisions of an agreement or 
agreements for cooperation between the Government of 
the United States and the Community entered into pur- 
suant to the provisions of section 123 of the Atomic 
Energy Act of 1954, as amended: Provided, That the 
Government of the United States obtains the equivalent 
of a first lien on any such material sold to the Commu- 
nity for which payment is not made in full at the time 
of transfer. The Commission may enter into contracts to 
provide, after December 31, 1968, for the producing or 
enriching of all, or part of, the above-mentioned con- 
tained uranuim 235 pursuant to the provisions of sub- 
section 161 v. (B) of said Act, as amended, in lieu of sale 
or lease thereof. 6 



5 Public Law 93-88 (87 Stat. 296) (1973), changed this subparagraph. 
Previously, it read "two hundred fifteen thousand kilograms of contained 
uranium 235 ;". See appendix A infra for legislative history of Public Law 
93-88. 

6 Public Law 90-190 (81 Stat. 575 (1967). sec. 13. amended sec. 5 by 
substituting a complete new section. For legislative history of Public Law 
90-190. see appendix A, infra. Before amendment, sec. 5 read as follows : 

"Sec. 5. Pursuant to the provisions of section 54 of the Atomic Energy 
Act of 1954, as amended, there is hereby authorized for sale or lease to 
the Community : 

Seventy thousand kilograms of contained uranium 235 

Five hundred kilograms of plutonium 

Thirty kilograms of uranium 233 
in accordance with the provisions of an agreement or agreements for 
cooperation between the Government of the United States and the Com- 
munity entered into pursuant to the provisions of section 123 of the 
Atomic Energy Act of 1954, as amended : Provided, That the Government 
of the United States obtains the equivalent of a first lien on any such 
material sold to the Community for which payment is not made in full 
at the time of transfer." 

Sec. 5 had earlier been amended by Public Law 88-394 (78 Stat. 376), 
sec. 5, and by Public Law 87-206 (75 Stat. 475), sec. 19. For legislative 
history of Public Law 88-394 and Public Law S7-206, see appendix 
A, infra. 



294 

ofTudelr 11 Sec. 6. (a) The Atomic Energy Commission is author- 

materials, izecl to purchase or otherwise acquire from the Commu- 

nity special nuclear material or any interest therein from 
reactors constructed under the joint program in accord- 
ance with the terms of an agreement for cooperation 
entered into pursuant to the provisions of section 123 of 
the Atomic Energy Act of 1954, as amended : Provided, 
That neither plutonium nor uranium 233 nor any inter- 
est therein shall be acquired under this section in excess 
of the total quantities authorized by law. The Commis- 
sion is hereby authorized to acquire from the Community 
pursuant to this section up to four thousand one hundred 
kilograms of plutonium for use only for peaceful 
purposes. 

(b) Any contract made under the provisions of this 
section to acquire plutonium or any interest therein may 
be at such prices and for such period of time as the Com- 
mission may deem necessary : Provided, That with 
respect to plutonium produced in any reactor constructed 
under the joint program, no such contract shall be for 
a period greater than ten years of operation of such reac- 
tors or December 31, 1973 (or December 31, 1975, for not 
more than two reactors selected under section 2 (c)), 
whichever is earlier : And provided further, That no such 
contract shall provide for compensation or the payment 
of a purchase price in excess of the Commission's estab- 
lished price in effect at the time of delivery to the Com- 
mission for such material as fuel in a nuclear reactor. 

(c) Any contract made under the provisions of this 
section to acquire uranium enriched in the isotope ura- 
nium 235 may be at such price and for such period of time 
as the Commission may deem necessary : Provided, That 
no such contract shall be for a period of time extending 
beyond the terminal date of the agreement for coopera- 
tion with the Community or provide for the acquisition 
of uranium enriched in the isotope U— 235 in excess of 
the quantities of such material that have been distributed 
to the Coihmunity by the Commission less the quantity 
consumed in the nuclear reactors involved in the joint 
program : And provided further, That no such contract 
shall provide for compensation or the payment of a pur- 
chase price in excess of the Atomic Energy Commission's 
established charges for such material in effect at the time 
delivery is made to the Commission. 

(d) Any contract made under this section for the pur- 
chase of special nuclear material or any interest therein 
may be made without regard to the provisions of section 

31 u.s.c. 665. 3679 of the Revised Statutes, as amended. 

(e) Any contract made under this section may be made 
J1 2 Y? C * without regard to section 3709 of the Revised Statutes, 

see^i u.s.c. as amended, upon certification by the Commission that 
such action is necessary in the interest of the common 



252(c). 
260(b).) 



of U.S. 



295 

defense and security, or upon a showing by the Commis- 
sion that advertising is not reasonably practicable. 

Sec. 7. The Government of the United States of Nonliability 
America shall not be liable for any damages or third 
party liability arising out of or resulting from the joint 
program : Provided, however, That nothing in this sec- 
tion shall deprive any person of any rights under section 
170 of the Atomic Energy Act of 1954, as amended. And 
provided further, That nothing in this section shall apply 
to arrangements made by the Commission under a re- 
search and development program authorized in section 3. 7 
The Government of the United States shall take such 
steps as may be necessary, including appropriate dis- 
claimer or indemnity arrangements, in order to carry 
out the provisions of this section. 

Approved August 28, 1958. 



Index to Legislative History of Public Law 85-846 
(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

S. 4047 introduced by Senator Anderson (by request). June 24, 1958. 

Referred to the Joint Committee on Atomic Energy, 12061. 
S. 4273 introduced by Senator Anderson as a "clean bill." August 12, 

1958. Referred to the Joint Committee on Atomic Energy, 16964. 
Reported with amendments (S. Rept. 2370). August 14, 1958, 17490. 
Debated, 18093. 

Amended and passed Senate. August 18, 1958, 18100. 
Passed House. August 20, 1958, 18787. 
Approved as Public Law 85-846. August 28, 1958, 19586. 

Companion Bill— H.R. 13749 

H.R. 13120 introduced by Mr. Durham (by request). June 25, 1958. 

Referred to the Joint Committee on Atomic Energy, 12264. 
H.R. 13749 introduced by Mr. Durham as a "clean bill." August 12, 

1958. Referred to the Joint Committee on Atomic Energy, 17203. 
Reported with amendments (H. Rept. 2647). August 15, 1958, 17931. 
Indefinitely postponed (S. 4273 passed in lieu), 18787. 



S. CON. RES. 116 

[85th Congress, 2d Session] 
[August 23, 1958] 

CONCURRENT RESOLUTION 

Whereas the United States of America has instituted a program of 
international cooperation to make available to cooperating nations the 
benefits of peaceful applications of atomic energy ; and 

'Proviso added by Public Law 87-206 (75 Stat 475) (1961). 



296 

Whereas the United States of America and the European Atomic 
Energy Community (EUR ATOM) have entered into an agreement 
providing for cooperation in programs designed to advance the peace- 
ful application of atomic energy : Therefore be it 

Resolved by the Senate {the House of Representatives concurring) r 
That pursuant to the provisions of sections 11(1) and 124 of the 
Atomic Energy Act of 1954, as amended, the agreement between the 
Government of the United States of America and the European 
Atomic Energy Community (EUR ATOM), signed at Brussels on 
May 29, 1958, and at Washington on June 19, 1958, concerning co- 
operation between the parties in programs for the advancement of 
the peaceful application of atomic energy, be and hereby is approved. 
This resolution does not constitute approval or disapproval of the 
memorandum of understanding, or any other agreements which have 
not been formally approved or authorized by the Congress. 



I 



Index to Legislative History of S. Con. Res. 116 
(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

S. Con. Res. 116 introduced by Senator Anderson. August 12, 1958. 

Referred to the Joint Committee on Atomic Energy, 16964. 
Reported (S. Rept. 2372). August 14, 1958, 17490. 
Passed over, 18082. 
Passed Senate. August 18, 1958, 18098. 
Passed House. August 20, 1958, 18786. 

Companion Bill — H. Con. Res. 376 

H. Con. Res. 376 introduced by Mr.. Durham. August 12, 1958. Refer- 
red to the Joint Committee on Atomic Energy, 17203. 
Reported (H. Rept. 2648). August 15, 1958, 17931. 
Laid on table (S. Con. Res. 116 passed in lieu) . August 20, 1958, 18786. 



PUBLIC LAW 93-88 [S. 1993] 

[93d Congress, 1st Session] 

[August 14, 1973] 

AN ACT 

87 Stat. 296. To amend the EURATOM Cooperation Act of 1958, as amended. 

euratom Be it enacted by the Senate and House of Representa- 

Act P of r i95s tives of the United States of America in Congress assem- 

Amendme g nt i e ^ That section 5 of the EURATOM Cooperation Act 

52 u.s.c. 2294. of 1958, as amended, is amended by deleting the words 

"two hundred fifteen thousand kilograms of contained 

uranium 235" and substituting therefor the words "an 

amount of contained uranium 235 which does not exceed 

that necessary to support the fuel cycle of power reactors 



297 

located within the Community having a total installed 
capacity of thirty-five thousand megawatts of electric 
energy, together with twenty-five thousand kilograms of 
contained uranium 235 for other purposes". 
Approved August 14, 1973. 

Index to Legislative History of Public Law 93-88 (S. 1993) 

(Page references are to daily editions of the Congressional Record, 93d Cong., 

1st Sess.) 

S. 1993 introduced by Vice Chairman Pastore (by request) June 13. 

1973, S11006. 
Hearing : Subcommittee on Agreements for Cooperation, June 22, 1973. 
Senate Report filed (S. Kept. No. 93-341), July 24, 1973, S14441. 
S. 1993 considered and passed in the Senate, without amendment, 
^ July 26, 1973, S 14743. 
S. 1993 considered and passed in the House, without amendment, 

July 30, 1973, H6850-52. 
Examined and signed by the Speaker of the House, August 1, 1973, 

H7205. 
Examined and signed by the President Pro Tempore, August 3, 1973, 

S15568. 
Presented to the President, August 3, 1973, S15568. 
S. 1993 approved by the President on August 14, 1973, as Public Law 

93-88, D977 (Sept. 5, 1973, Record) . 

Companion Bill— H.R. 8867 

H.R. 8867 introduced by Chairman Melvin Price of Illinois (by re- 
quest) , June 20, 1973, H5064. 
Hearings : As listed above. 

House Report filed (H. Kept. No. 93-385), July 19, 1973, H6418. 
Identical bill, S. 1993 passed in lieu thereof as indicated above. 



6n-2o'4 — Id 20 



PART VII. INTERNATIONAL ATOMIC ENERGY 
AGENCY PARTICIPATION ACT OF 1957 

PUBLIC LAW 85-177 [H.R. 8992] 

(71 Stat. 453) 

AN ACT 

To provide for the appointment of representatives of the United 
States in the organs of the International Atomic Energy Agency, 
and to make other provisions with respect to the participation of 
the United States in that Agency, and for other purposes. 

Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress 
assembled, That this Act may be cited as the ''Interna- 
tional Atomic Energy Agency Participation Act of 
1957". 

Sec. 2. (a) The President, by and with the advice and 
consent of the Senate, shall appoint a representative and 
a deputy representative of the United States to the Inter- 
national Atomic Energy Agency (hereinafter referred to 
as the "Agency"), who shall hold office at the pleasure of 
the President. Such representative and deputy repre- 
sentative shall represent the United States on the Board 
of Governors of the Agency, may represent the United 
States at the General Conference, and may serve ex officio 
as United States representative on any organ of that 
Agency, and shall perform such other functions in con- 
nection with the participation of the United States in 
the Agency as the President may from time to time direct. 

(b) The President, by and with the advice and con- 
sent of the Senate, may appoint or designate from time 
to time to attend a specified session or specified sessions 
of the General Conference of the Agency a representa- 
tive of the United States and such number of alternates 
as he may determine consistent with the rules of pro- 
cedure of the General Conference. 

(c) The President may also appoint or designate from 
time to time such other persons as he may deem neces- 
sary to represent the United States in the organs of the 
Agency. The President may designate any officer of the 
United States Government, whose appointment is sub- 
ject to confirmation by the Senate, to act, without addi- 
tional compensation, for temporary periods as the rep- 
resentative of the United States on the Board of Gov- 
ernors or to the General Conference of the Agency in the 

(299) 



300 

absence or disability of the representative and deputy 
representative appointed under section 2(a) or in lieu of 
such representatives in connection with a specified subject 
matter. 

(d) All persons appointed or designated in pursuance 
of authority contained in this section shall receive com- 
pensation at rates determined by the President upon the 
basis of duties to be performed but not in excess of rates 
authorized by sections 411 and 412 of the Foreign Service 
Act of 1946, as amended (22 U.S.C. 866, 867), for Chiefs 
of Mission and Foreign Service officers occupying posi- 
tions of equivalent importance, except that no Member of 
the Senate or House of Representatives or officer of the 
United States who is designated under subsection (b) or 
subsection (c) of this section as a delegate or representa- 
tive of the United States or as an alternate to attend 
any specified session or specified sessions of the General 
Conference shall be entitled to receive such compensation. 
Any person who receives compensation pursuant to the 
provisions of this subsection may be granted allowances 
and benefits not to exceed those received by Chiefs of 
Mission and Foreign Service officers occupying positions 
of equivalent importance. 

Sec. 3. The participation of the United States in the 
International Atomic Energy Agency shall be consistent 
with and in furtherance of the purposes of the Agency 
set forth in its Statute and the policy concerning the 
development, use, and control of atomic energy set forth 
in the Atomic Energy Act of 1954, as amended. [The 
President shall, from time to time as occasion may re- 
quire, but not less than once each year, make reports to 
the Congress on the activities of the International Atomic 
Energy Agency and on the participation of the United 
States therein.] a In addition to any other requirements 
of law, the Department of State and the Atomic Energy 
Commission shall keep the Joint Committee on Atomic 
Energy, the House Committee on Foreign Affairs, and 
the Senate Committee on Foreign Relations, as appro- 
priate, currently informed with respect to the activities 
of the Agency and the participation of the United States 
therein. 

Sec. 4. The representatives provided for in section 2 
hereof, when representing the United States in the organs 
of the Agency, shall, at all times, act in accordance with 
the instructions of the President, and such representa- 
tives shall, in accordance with such instructions, cast any 
and all votes under the Statute of the International 
Atomic Energy Agency. 



1 Public Law 89-348 (79 Stat. 1310). sec. 1(20), amended Public Law 
85—177 by repealing the requirement of a report to the Congress by the 
President not less than once each year on the activities of the Interna- 
tional Atomic Energy Agency and on the participation of the United 
States therein. 



301 



TIAS 3873. 



Sec. 5. There is hereby authorized to be appropriated 
annually to the Department of State, out of any money 
in the Treasury not otherwise appropriated, such sums 
as may be necessary for the payment by the United States 
of its share of the* expenses of the International Atomic 
Energy Agency as apportioned by the Agency in accord- 
ance with paragraph (D) of article XIV of the Statute 
of the Agency, and for all necessary salaries and expenses 
of the representatives provided for in section 2 hereof 
and of their appropriate staffs, including personal serv- 
ices without regard to the civil service laws and the Clas- 
sification Act of 1949, as amended; travel expenses with- 
out regard to the Standardized Government Travel Eegu- 5 u - sc - 5101 - 
lations, as amended, the Travel Expense Act of 1949, as 5 usc - 5701 
amended, and section 10 of the Act of March 3, 1933, as * u.s.c. 5731. 
amended; salaries as authorized by the Foreign Service j^ t £- sc - 801 
Act of 1946, as amended, or as authorized by the Atomic 
Energy Act of 1954, as amended, and expenses and allow- 
ances of personnel and dependents as authorized by the 
Foreign Service Act of 1946, as amended ; services as au- 
thorized by section 15 of the Act of August 2, 1946 (5 
U.S.C. 55a) ; 2 translating and other services, by con- 
tract; hire of passenger motor vehicles and other local 
transportation ; printing and binding without regard to 
section II of the Act of March 1, 1919 (44 U.S.C. Ill) ; 
official functions and courtesies; such sums as may be 
necessary to defray the expenses of United States par- 
ticipation in the Preparatory Commission for the Agency, 
established pursuant to annex I of the Statute of the 
Agency ; and such other expenses as may be authorized 
by the Secretary of State. 

Sec. 6. (a) Notwithstanding any other provision of I uiiic.' iloi! 
law, Executive order or regulation, a Federal employee 
who, with the approval of the Federal agency or the head 
of the department by which he is employed, leaves his 
position to enter the employ of the Agency shall not be 
considered for the purposes of the Civil Service Ketire- 
ment Act, as amended, and the Federal Employees' 
Group Life Insurance Act of 1954, as amended, as sepa- 
rated from his Federal position during such employment 
with the Agency but not to extend beyond the first three 
consecutive years of his entering the employ of the 
Agency: Provided, (1) That he shall pay to the Civil 
Service Commission within ninety days from the date he 
is separated without prejudice from the Agency all 
necessary deductions and agency contributions for cover- 
age under the Civil Service Eetirement Act for the period 
of his employment by the Agency, and (2) That all 
deductions and agency contributions necessary for con- 
tinued coverage under the Federal Employees' Group 



2 Public Law 89-554 (80 Stat. 416) codified sec. 15 of the Act of 
August 2, 1946, as 5 U.S.C. 3109. 



302 

Life Insurance Act of 1954, as amended, shall be made 
during the term of his employment with the Interna- 
tional Atomic Energy Agency. If such employee, within 
three years from the date of his employment with the 
Agency, and within ninety days from the date he is sepa- 
rated without prejudice from the Agency, applies to be 
restored to his Federal position, he shall within thirty 
days of such application be restored to such position or 
to a position of like seniority, status and pay. 3 

(b) Notwithstanding any other provision of law, 
Executive order or regulation, any Presidential ap- 
pointee or elected officer who leaves his position to enter, 
or who within ninety days after the termination of his 
position enters, the employ of the Agency, shall be 
entitled to the coverage and benefits of the Civil Service 
Retirement Act, as amended, and the Federal Employees' 
Group Life Insurance Act of 1954, as amended, but 
not beyond the earlier of either the termination of his 
employment with the Agency or the expiration of three 
years from the date he entered employment with the 
Agency: Provided, (1) That he shall pay to the Civil 
Service Commission within ninety days from the date 
he is separated without prejudice from the Agency all 
necessary deductions and agency contributions for cover- 
age under the Civil Service Retirement Act for the 
period of his employment by the Agency and (2) That 
all deductions and agency contributions necessary for 
continued coverage under the Federal Employees' Group 
Life Insurance Act of 1954, as amended, shall be made 
during the term of his employment with the Agency. 

(c) The President is authorized to prescribe such 
regulations as may be necessary to carry out the provi- 
sions of this section and to protect the retirement, insur- 
ance and such other civil service rights and privileges as 
the President may find appropriate. 

Sec. 7. Section 54 of the Atomic Energy Act of 1954, as 
amended, *is amended by adding the following new 
sentences : "Unless hereafter otherwise authorized by law 
the Commission shall be compensated for special nuclear 
material so distributed at not less than the Commission's 
published charges applicable to the domestic distribution 
of such material, except that the Commission to assist 
and encourage research on peaceful uses or for medical 
therapy may so distribute without charge during any 
calendar year only a quantity of such material which at 
the time of transfer does not exceed in value $10,000 in 
the case of one nation or $50,000 in the case of any group 



3 Sec. 7 of Public Law 83-795 (72 Stat. 959), approved Aug. 28, 1958, 
repealed sec. 6(a), "except that it shall be considered to remain in effect 
with respect to any employee subject thereto who is serving as an em- 
ployee of the International Atomic Energy Agency on the date of enact- 
ment of this Act and who does not make the election referred to in section 
6 and for the purposes of any rights and benefits vested therpnnder prior 
to such date." 



303 

of nations. The Commission may distribute to the Inter- 
national Atomic Energy Agency, or to any group of 
nations, only such amounts of special nuclear materials 
and for such periods of time as are authorized by Con- 
gress: Provided, however, That, notwithstanding this 
provision, the Commission is hereby authorized subject 
to the provisions of section 123, to distribute to the 
Agency five thousand kilograms of contained uranium 
235, together with the amounts of special nuclear material 
which will match in amount the sum of all quantities of 
special nuclear materials made available by all other 
members of the Agency to July 1, 1960." 

Sec. 8. In the event of an amendment to the Statute of 
the Agency being adopted in accordance with article 
XVIII-C of the Statute to which the Senate by formal 
vote shall refuse its advice and consent, upon notification 
by the Senate to the President of such refusal to advise 
and consent, all further authority under sections 2, 3, 
4, and 5 of this Act, as amended, shall terminate : Pro- 
vided, however, That the Secretary of State, under such 
regulations as the President shall promulgate, shall have 
the necessary authority to complete the prompt and 
orderly settlement of obligations and commitments to the 
Agency already incurred and pay salaries, allowances, 
travel expenses, and other expenses required for a prompt 
and orderly termination of United States participation 
in the Agency : And provided further, That the repre- 
sentative and the deputy representative of the United 
States to the Agency, and such other officers or employees 
representing the United States in the Agency, under 
such regulations as the President shall promulgate, shall 
retain their authority under this Act for such time as 
may be necessary to complete the settlement of matters 
arising out of the United States participation in the 
Agency. 

Approved August 28, 1957. 



Index to Legislative History of Public Law 85-177 

(Page references are to the Congressional Record, 85th Cong. 1st sess.) 

H.R. 8992 introduced by Mr. Price, of Illinois; referred to Joint 

Committee on Atomic Energy, 13220. 
Reported (H. Kept. 960), 13220. 
Made special order (H. Res. 390) , 14102. 
Debated, amended, and passed House, 14106. 
Ordered placed on Senate Calendar, 14171. 
Amended and passed Senate, 14228. 

House disagrees to Senate amendment and asks for conference, 14617. 
Conferees appointed, 14617. 
Senate insists upon its amendments and agrees to conference, 14710. 



304 



Conferees appointed, 14710. 

Conference report submitted in Senate and agreed to, 15178. 

Conference reported submitted in House and agreed to, 15369. 

Examined and signed, 15367, 15503. 

Presented to the President, 15544. 

Approved (Public Law 85-177), 16512. 

Companion Bili>-S. 2673 

Mr. Pastore ; Joint Committee on Atomic Energy, 13091. 
Introduced and reported (S. Kept. 778) , 13091. 
Ordered placed on the Calendar, 13091. 
Objected to, 13584. 
Indefinitely postponed, 14229. 



PART VIII. ATOMIC ENERGY COMMUNITY ACT 
OF 1955, AS AMENDED 

PUBLIC LAW 84-221 (S. 2630) 

AN ACT 

To facilitate the establishment of local self-government at the 
communities of Oak Ridge, Tennessee, and Richland, Washing- 
ton, and to provide for the disposal of federally owned prop- 
erties of such communities 

Be it enacted by the Senate and Hoicse of Representa- 
tives of the United States of America in Congress as- 
sembled, That this Act may be cited as the "Atomic En- 
ergy Community Act of 1955". 

Chapter 1. Declaration, Findings, and Purpose 



Sec. 11. Declarations of policy. 42 U.S.C. sec. 

Sec. 12. Findings. 2301 

Sec. 13. Purpose. 

Chapter 2. Definitions 



2302 
2303 



Sec. 21. Definitions. 2304 

Chapteb 3. Lots, Appraisals, and Prices 

Sec. 31. Lots. 2321 

Sec. 32. Appraisals. 2322 

Sec. 33. Basis of appraisal. 2323 

Sec. 34. Posting. 2324 

Sec. 35. Sales prices. 2325 

Sec. 36. Improvements. 2326 

Chapter 4. Classification of Property and Priorities 

Sec. 41. Classification of property. 2331 

Sec. 42. Priorities. 2332 

Sec. 43. Transferability. 2333 

Chapter 5. Sales of Property for Private Use 

Sec. 51. Application. 2341 

Sec. 52. Disposal of property. 2342 

Sec. 53. Sales. 2343 

Sec. 54. Cash sales. 2344 

Sec. 55. Form and provisions of instruments. 2345 

Sec. 56. Occupancy by existing tenants. 2346 

Sec. 57. Lots. 2347 

Sec. 58. Priority sale of apartment houses. 1 2348 



i Public Law 90-190 (81 Stat. 575) (1967), sec. 14. added this heading 
to the table of contents. 

(305) 



306 



2361 
2362 
2363 
2364 
2365 
2366 



Chapter 6. Financing 

Sec. 61. Contract purchase. 

Sec. 62. Commission financing. 

Sec. 63. Commission indemnity. 

Sec. 64. Community employment and population. 

Sec. 65. Amount of indemnity. 

Sec. 66. Conditions of indemnity. 



42 U.S.C. sec. 

2371 

2372 

2373 

2374 

2375 



Chapter 7. Utilities 

Sec. 71. Authorization to transfer utilities. 

Sec. 72. Date of transfer. 

Sec. 73. Entity receiving transfer. 

Sec. 74. Utilities transferable. 

Sec. 75. Charges for utilities transferred. 



2381 

2382 
2383 
2384 
2385 
2386 



Chapter 8. Municipalities 

Sec. 81. Assistance in organization. 

Sec. 82. Authorization to transfer municipal installations. 

Sec. 83. Date of transfer. 

Sec. 84. Entity receiving transfer. 

Sec. 85. Installations transferable. 

Sec. 86. Charges for municipal installations transferred. 



2391 



2392 
2393 
2394 



Chapter 9. Local Assistance 

Sec. 91. Basis of assistance to cities and other State and local 

entities. 
Sec. 92. Commission reductions. 
Sec. 93. Area of service. 
Sec. 94. Commission contracts. 



2313 
2314 
2315 



Chapter 10. Transfer of Functions, and Review 

Sec. 101. Transfer of functions. 

Sec. 102. Review. 

Sec. 103. Joint Committee on Atomic Energy. 



2305 
2306 
2307 
2308 
2309 
2310 
2311 
2312 



2349 



Chapter 11. General Provisions 

Sec. 111. Powers of the Commission. 

Sec. 112. Qualification to purchase. 

Sec. 113. Contract forms. 

Sec. 114. Evidence. 

Sec. 115. 'Administration review. 

Sec. 116. Repossession. 

Sec. 117. Community disposal operations fund. 

Sec. 118. Appropriations. 

Sec. 119. Separability of provisions. 

Sec. 120. Disposal of property. 

Sec. 201. Amendment to National Housing Act. 

Sec. 202. Amendment to Public Law 874. 



CHAPTER 1, DECLARATION, FINDINGS, AND 
PURPOSE 

Sec. 11. Declaration of Policy. — It is hereby declared 
to be the policy of the United States of America that 
Government ownership and management of the commu- 
nities owned by the Atomic Energy Commission shall 
be terminated in an expeditious manner which is con- 
sistent with and will not impede the accomplishment of 
the purposes and programs established by the Atomic 



307 

Energy Act of 1954. To that end, it is desired at each 
community to — ■ 

a. facilitate the establishment of local self- 
government ; 

b. provide for the orderly transfer to local enti- 
ties of municipal functions, municipal installations, 
and utilities ; and 

c. provide for the orderly sale to private purchas- 
ers of property within those communities with a 
minimum of dislocation. 

Sec. 12. Findings. — The Congress of the United States 
hereby makes the following findings concerning the com- 
munities owned by the Atomic Energy Commission : 

a. The continued morale of project-connected per- 
sons is essential to the common defense and security 
of the United States. 

b. In issuing rules and regulations required or 
permitted under this Act for the disposal of the 
communities and in disposing of the communities 
in accordance with the provisions of this Act and in 
accordance with the rules and regulations required 
or permitted by this Act, the Commission is acting 
under authority delegated to it by the Congress. 

c. Funds of the United States may be provided 
for the disposal of the communities and for assist- 
ance in the operation of the communities thereafter 
under conditions which will provide for the com- 
mon defense and promote the general welfare. 

Sec. 13. Purpose. — It is the purpose of this Act to 
effectuate the policies set forth above by providing for — 

a. the maintenance of conditions which will not 
impede the recruitment and retention of personnel 
essential to the atomic energy program ; 

b. the obligation of the United States to contrib- 
ute to the support of municipal functions in a man- 
ner commensurate with — 

(1) the fiscal problems peculiar to the com- 
munities by reason of their construction as 
national defense installations, and 

(2) the municipal and other burdens imposed 
on the governmental or other entities at the 
communities by the United States in its opera- 
tions at or near the communities ; 

c. the opportunity for the residents of the com- 
munities to assume the obligations and privileges of 
local self-government ; and 

d. the encouragement of the construction of new 
homes at the communities. 

CHAPTEE 2. DEFINITIONS 

Sec. 21. Definitions. — The intent of Congress in the 
definitions as given in this section should be construed 



308 

from the words or phrases used in the definitions. As 
used in this Act — 

a. The term "Commission" means the Atomic Energy 
Commission. 

b. The term "community" means that area at — 

(1) Oak Ridge, Tennessee, designated on a map 
on file at the principal office of the Commission, en- 
titled "Minimum Geographic Area, Oak Ridge. Ten- 
nessee", bearing the legend "Boundary Line, Mini- 
mum Geographic Area, Oak Ridge, Tennessee" and 
marked "Approved, 21 April 1955, K. D. Nichols, 
General Manager" ; or 

(2) Richland, Washington, designated on a map 
on file at the principal office of the Commission, en- 
titled "Minimum Geographic Area, Richland, Wash- 
ington", bearing the legend "Boundary Line, Mini- 
mum Geographic Area, Richland, Washington" and 
marked "Approved, 21 April 1955, K. D. Nichols,. 
General Manager" ; or 

(3) Los Alamos, New Mexico, designated on a 
map on file at the principal office of the Commis- 
sion, entitled "Minimum Geographic Area, Les 
Alamos, New Mexico", bearing the legend "Bound- 
ary Line, Minimum Geographic Area, Los Alamos, 
New Mexico" and marked "Approved, April 5, 1962, 
A. R. Luedecke, General Manager." la 

c. The term "house" includes the lot on which the house 
stands. 

d. The term "member of a family" means any person 
who, on the first offering date, resides in the same dwell- 
ing unit with one or more of the following relatives 
(including those having the same relationship through 
marriage or legal adoption) : spouse, father, mother, 
grandfather, grandmother, brother, sister, son, daughter, 
uncle, aunt, nephew, niece or first cousin. 

e. The* term "mortgage" shall include deeds of trust 
and such other classes of lien as are given to secure 
advances on, or the unpaid purchase price of real estate 
under the laws of the State in which the real estate is 
located. 

f . The term "municipal installation" includes, without 
limitation, schools, hospitals, police and fire protection 
systems, sewerage and refuse disposal plants, water sup- 
ply and distribution installations, streets and roads, 
libraries, parks, playgrounds and recreational means, 
municipal government buildings, other properties suit- 
able for municipal or comparable local public service 
purposes, and any fixtures, equipment, or other property 



la Public Law 87-719 (76 Stat. 664) (1962). sec. 1 amended sec. 21 b. 
by adding clause (3). Public Law 87-719 amended the Atomic Enerery 
Community Act of 1955 in several other respects to provide for the dis- 
posal of federally owned properties at Los Alamos. N. Mex. Public Law 
87-719 will hereinafter be referred to in the footnotes in part VII as the 
"1962 Act." 



309 

appropriate to the operation, maintenance or repair of 
the foregoing. 

g. The term "occupant" means a person who, on the 
date on which the property in question is first offered 
for sale, is entitled to residential occupancy of the Gov- 
ernment-owned house in question, or of a family dwell- 
ing unit in such house, in accordance with a lease or 
license agreement with the Commission or its property- 
management contractor. 

h. The term "offering date" means the date the prop- 
erty in question is offered for sale. 

i. The term "project area" means that area which on 
the effective date of this Act constitutes the Federal area 
at Oak Eidge, Tennessee, or Hanford, Washington, or 
that area which, on the date Los Alamos is included 
within this Act, constitutes the County of Los Alamos, 
New Mexico, excluding therefrom, however, that land 
which is, on said date, under the administrative control 
of the National Park Service of the Department of the 
Interior. 2 

j. The term "project-connected person" means any per- 
son who, on the first offering date, is regularly employed 
at the project area in one of the following capacities : 

(1) An officer or employee of the Commission or 
any of its contractors or subcontractors, or of the 
United States or any agency thereof (including 
members of the Armed Forces), or of a State or 
political subdivision or agency thereof ; 

(2) An officer or employee employed at a school 
or hospital located in the project area ; 

(3) A person engaged in or employed in the proj- 
ect area by any professional, commercial, or indus- 
trial enterprise occupying premises located in the 
project area; or 

(4) An officer or employee of any church or non- 
profit organization occupying premises located in the 
project area. 

k. The term "resident" means any person who, on the 
date on which the property in question is first offered for 
sale is either — 

(1) an occupant in a residential unit designated 
for sale at the community, or 

(2) a project-connected person who is entitled, in 
accordance with a lease or similar agreement, to 
residential occupancy of privately owned rental 
housing in the community. 

1. The term "utility" means any electrical distribution 
system, any natural gas distribution system, any public 

2 Amended by 1962 Act. Prior to amendment this section read as fol- 
lows : "i. The term 'project area means that area which on the effective 
date of this Act constitutes the Federal area at Oak Ridge, Tennessee, or 
Hanford, Washington." 



310 

transportation system, or any public communication sys- 
tem, and any fixtures, equipment, or other property ap- 
propriate to the operation, maintenance or repair of the 
foregoing. 3 

m. The terms "single" and "single family" when used 
in connection with "house" or "residential property" shall 
include each separate unit of a residential structure which 
the Commission has classified as a residential structure 
containing two or more separate single family units pur- 
suant to section 41 c. of this Act. 4 

CHAPTER 3. LOTS, APPRAISALS, AND PRICES 

Sec. 31. Lots. — The Commission is authorized to plat 
each community immediately upon passage of this Act, 
or immediately upon the inclusion of the community 
within the provisions of this Act. The Commission may 
establish lot boundaries, and realine, divide, or enlarge 
existing tracts as it deems appropriate. 

Sec. 32. Appraisals. — The Commission shall proceed 
to secure appraisals of all property at the community 
which is to be sold pursuant to this Act. The appraisals 
shall be made by the Federal Housing Commissioner or 
his designee. The Federal Housing Commissioner shall 
be reimbursed from the Community Disposal Operations 
Fund for the cost of such appraisals. Appraisals made 
under this section shall be the appraisals on which the 
Federal Housing Commissioner may insure any mort- 
gage or loan under the Xational Housing Act until such 
time as he finds that the appraisal values generally in 
the community no longer represent the fair market values 
of the properties. 

Sec. 33. Basis of Appraisal. — Except for lots sold 
pursuant to the provisions of section 57 a., the appraised 
value shall be the current fair market value of the Gov- 
ernment's interest in the property. 

Sec. 34. Posting. — Lists showing the appraised value 
of each parcel of property to be offered for sale to prior- 
ity purchasers shall, prior to the offering of such prop- 
erty for sale, be made available for public inspection, at 
reasonable times, at the offices of the Commission at the 
community. 

Sec. 35. Sales Prices. — 

a. In the sale to priority purchasers of properties 
on which are located Government-owned single or 
duplex houses, the sales price shall be the appraised 
value less a deduction of 15 per centum of the ap- 
praised value and less the deductions provided by 
section 36. 



3 1962 Act added the words "any natural gas distribution system." 

* Subsec. m. added by 1962 Act. 

e 1962 Act changed third sentence of sec. 32. Prior to amendment It 
read as follows: "The Commission shall reimburse the Federal Housing 
Commissioner for the cost of such appraisals." 



311 

b. In all other cases the sales price to priority 
purchasers shall be the appraised value less the 
deductions provided by section 36, except that sales 
made under sections 53 b. and c. shall be made at the 
prices set forth therein. 

c. The appraised value of the Government's inter- 
est in commercial property shall, in the cases where 
renegotiation of the lease is requested by the lessee 
under the provisions of section 161 e. of the Atomic 
Energy Act of 1954, as amended, be based upon the 
renegotiated lease if any is agreed on. Where such 
renegotiations are requested, the sales proceedings 
shall not be initiated until the completion of the 
renegotiation. 6 

Sec. 36. Improvements. — 

a. In addition to any other deduction which may 
be permitted from the sales price for 7 property, 
there shall, upon application by the prospective pur- 
chaser, be deducted the amount by which the cur- 
rent fair market value of the Government's interest 
in the premises is enhanced as a result of improve- 
ments to the premises made by, or at the expense of, 
the prospective purchaser: 8 Provided, That, with 
reference to commercial property, the improvement 
credit allowed shall be the value of the enhance- 
ment of the Government's interest in the property, as 
determined by the Commission on the basis of the 
appraisal provided for under section 32: Provided 
further. That such credit shall be reduced to the 
extent that lessee has been previously compensated 
therefor, as determined by the Commission, under 
the terms of the lease or otherwise. 

b. An occupant of a single family or duplex house 
shall, upon application therefor, be entitled to a 
credit, against the purchase price of any residential 
property purchased through the exercise of a pri- 
ority right established under the provisions of sec- 
tion 42, for the amount by which the current fair 
market value of the Government's interest in the 
single family or duplex house of which he was an 
occupant is enhanced as a result of improvements to 
the premises of such single famil} T or duplex house 
made by, or at the expense of, such occupant. 9 



« Public Law 85-162 (71 Stat. 403) (1957). added subsee. c. 

7 Public Law 802. 84th Cong. (eh. 731. 2d sess., 70 Stat. 653). sec. 1, 
deleted the word "residential" between the words "for" and "property." 

8 Public Law 802. 84th Cong. (ch. 731, 2d sess., 70 Stat. 653), sec. 1, 
added both provisos to sec. 36a. 

B Sec. 36 b. amended by 1962 Act. Prior to amendment this section read 
as follows : "b. A junior occupant of a duplex house, which was purchased 
by the senior occupant, shall, upon application therefor, be entitled to a 
credit, against the purcbase price of any residential property purchased 
through the exercise of a priority right established under the provisions 
of section 42, for the amount by which the current fair market value of 
the Government's interest in the duplex house of which he was an oceu- 
pant is enhanced as a result of improvements to the premises of such 
duplex house made by, or at the expense of, the junior occupant." 



312 

c. The value of the improvements as specified in 
subsections 36 a. and b. shall be determined in accord- 
ance with the provisions of section 32. 

d. Persons purchasing property pursuant to the 
provisions of section 52, who do not desire to avail 
themselves of the indemnity provisions contained in 
sections 63 through 66, shall be entitled to an addi- 
tional deduction of 10 per centum of the appraised 
value of the property in addition to any other de- 
duction set forth in this section. 

CHAPTER 4. CLASSIFICATION OF PROPERTY 
AND PRIORITIES 

Sec. 41. Classification of Property. — 

a. Immediately upon passage of this Act, or, in the 
case of Los Alamos, upon its inclusion within this 
Act, the Commission shall classify all real property 
(including such improvements and such fixtures, 
equipment and other personal property incident 
thereto as it may deem appropriate) within each 
community in accordance with such classifications 
as shall insure reasonably similar treatment for rea- 
sonably similar property. The Classification shall be 
made by such procedures, consistent with this chap- 
ter, as it shall determine. 10 

b. The Commission may, but shall not be required 
to, classify any other real property at or in the vicin- 
ity of the community, whether within or outside of 
that community. 

c. Prior to the date any residential property is 
first offered for sale at Los Alamos, the Commission 
shall further classify each residential structure with- 
in the community of Los Alamos either as a single 
family house, a duplex house, an apartment house, a 
dormitory, or as a residential structure containing 
two or more separate single family units and shall 
post, at the offices of the Commission at Los Alamos, 
a list, available for public inspection at reasonable 
times, showing the classification of each such resi- 
dential structure. For the purposes of this Act, each 
such residential structure will thereafter be deemed 
to be a single family house, a duplex house, an apart- 
ment house, a dormitory, or a residential structure 
containing two or more separate single family units 
in accordance with its classification. In determining 
the classification of each such residential structure 
containing two or more single family units, the Com- 

12 us'c 05 ' mission shall consider (1) the practicability of sell- 

1715 q. ' ing separately the single family units, and (2) the 



10 Amended by 1962 Act. Prior to amendment, this section did not 
Include the reference to Los Alamos. 



313 

insurability of mortgages under section 223(a) of 
the National Housing Act, as amended. 11 
Sec. 42. Priorities. — The Commission shall establish, 
by rule or regulation, a detailed system of reasonable and 
fair priority rights applicable to the sale of Government- 
owned property to private purchasers at each community. 
The priorities shall — 

a. be uniform in each class or subclass of property ; 

b. give such preference to occupants and project- 
connected persons and to incoming employees of the 
Commission, of a contractor, or of a licensee as the 
Commission finds necessary or desirable, giving due 
consideration to the following factors: 

(1) The retention and recruitment of person- 
nel essential to the atomic energy program; 

(2) The minimization of dislocations within 
the community; 

(3) The expeditious accomplishment of the 
disposal program; and 

(4) The desirability of encouraging private 
firms to locate or remain in the community; 

c. give the occupant of a Government-owned 
single family house, and the senior occupant of a 
duplex house, at least ninety days in which to exer- 
cise the first right of priority; 

d. permit persons who have formerly been occu- 
pants, project-connected persons, or inhabitants of 
the community, upon application therefor, to have 
such priority as the Commission finds to be fair and 
equitable; and 

e. not impair any rights, including purchase 
rights, conferred by existing leases and covenants; 

Sec. 43. Transferability. — No priority shall be trans- 
ferable, except — 

a. a husband and wife may exercise a priority in 
their joint names ; 

b. a religious organization may exercise the prior- 
ity which would otherwise belong to its priest, min- 
ister, or rabbi, regardless of whether that position 
happens to be filled at the time of the exercise of 
the priority ; 

c. two or more priority holders having a com- 
mon interest in a building or location may assign 
their interests to a single assignee ; and 

d. the Commission may permit such other trans- 
fers as it finds to be fair and equitable. 

CHAPTER 5. SALES OF PROPERTY FOR 
PRIVATE USE 

Sec. 51. Application. — The provisions of this chapter 
shall be made applicable at each community as soon as 

11 Sec. 41 c. added by 1962 Act. 
65-234—76 21 



314 

the Commission makes a finding in writing that there is 
a reasonable possibility that the Government-owned real 
property at such community can be disposed of in accord- 
ance with the provisions of this chapter. 
Sec. 52. Disposal of Property. — 

a. The Commission shall offer for disposal all real 
property (including such improvements thereon 
and such fixtures, equipment, and other personal 
property incident thereto as it may deem appro- 
priate) within the community which is presently 
under lease or license agreement with the Commis- 
sion or its community management contractor for 
residential, commercial or industrial, agricultural, 
church or other nonprofit use, or which, in the opin- 
ion of the Commission, is apppropriate for such use, 
other than — 

(1) structures which in the opinion of the 
Commission should be removed from the com- 
munity because of their unsatisfactory type of 
construction, condition, or location ; or 

(2) property which in the opinion of the 
Commission should be transferred pursuant to 
chapter 7 or chapter 8 ; or 

(3) property which in the opinion of the 
Commission should be retained by the Commis- 
sion for its own use. 12 

b. The Commission may, but shall not be required 
to, dispose of any other real property at the com- 
munity, whether within or outside of that com- 
munity. 

c. Such property shall be disposed of on such terms 
and conditions, consistent with this chapter, as the 
Commission shall prescribe in the national interest, 
and without regard to any preferences or priorities 
whatever except those provided for pursuant to this 
Act. Transfers by the Commission of such property 
shall not impair rights under existing leases and 
covenants, including any purchase rights therein 
conferred. 

Sec. 53. Sales. — 

a. Where rights of priority have been granted pur- 
suant to the provisions of this Act to Government - 
owned property, it shall be offered for sale to priority 
purchaser by giving notice to those eligible for such 
priority. Such notice shall (1) be in such manner 
as the Commission shall prescribe, (2) identify the 
property to be sold, and (3) state the terms and con- 
ditions of sale and the date of the offer which, in the 
case of occupants of single family or duplex houses, 
shall expire not less than ninety days after the date 
of the offer. 



12 Clause (3) added by 1962 Act. 



315 

b. Any property (other than church property) 
classified for sale under section 41 and offered for 
sale under section 52, as to which no priority right 
has been conferred, or as to which all priority rights 
have expired, shall be advertised for sale to the high- 
est bidder, subject to the right of the Commission to 
reject any or all bids. 13 Xo bid shall be accepted 
which is below the appraised value or, in the case 
of Government-owned single and duplex houses is 
below 85 per centum of the appraised value. 

c. As to any property which has not been sold 
under subsection 53 b. within ninety days after the 
first advertisement for sale under subsection 53 b. the 
Commission may make such disposition, on such 
terms and conditions, as it may deem appropriate. 14 

d. Property for use of churches, in respect of 
which all priority rights have expired, may be dis- 
posed of by advertising and competitive bid, or by 
negotiated sale or other transfer at such prices, terms, 
and conditions as the Commission shall determine 
to be fair and equitable. 

Sec. 54. Cash Sales. — All sales shall be for cash, and 
the buyer shall arrange for the necessary financing, 
except as provided in chapter 6 of this Act. 

Sec. 55. Form and Provisions of Instruments. — 
Deeds executed in connection with the disposal of prop- 
erty pursuant to the provisions of this Act — 

a. shall be as simple as the Commission shall find 
to be appropriate, and many contain such warranties 
or covenants of title and other provisions (including 
any indemnity) as the Commission may deem 
appropriate ; 

b. with respect to any dormitories or apartment 
houses and any property used or to be used for con- 
struction of housing developments for rental pur- 
poses, may retain or acquire such rights to the 
Commission to designate the future occupants of 
part or all of such properties as it may deem appro- 
priate to insure the availability of housing for em- 
ployees of the Commission and its contractors; 



13 1962 Act amended the first sentence of sec. 53 b. Prior to amendment, 
the first sentence read as follows: "b. Any property (other than church 
property) classified for sale under section* 41 and offered for sale under 
section 52, as to which no priority right has been conferred, or as to which 
all priority rights have expired, shall be advertised for sale to the highest 
bidder, subject to the right of the Commission to reject any or all bids, 
and also subject to the right of an occupant of a Government-owned single 
family or duplex house to buy such house by paving an amount equal to 
the highpst bid." 

"Public Law 87-174 (70 Stat. 409) (1961), amended sec. 53 c. Prior 
to amendment, a 1-year waiting period was required. 1962 Act further 
amended sec. 53 c. Prior to amendment this section read as follows : 
•c. \s to any property which has not been sold under subsection 53 b. 
within ninety days after the first advertisement for sale under subsection 
53 b. the Commission may make such disposition, on such terms and con- 
ditions as it may deem appropriate, but the Commission shall give an 
occupant of a Government-owned single familv or duplex house such 
further opportunity to purchase such house as shall be fair and equitable." 



316 

c. may require that the transferee, his heirs, suc- 
cessors, and assigns shall compensate the Commis- 
sion for any municipal services provided by the 
Commission at rates which will not be in excess of 
the average tax for such services in the immediate 
vicinity of the community; and any amounts due 
and unpaid for such compensation (together with 
interest and costs thereon) shall, as of the date on 
which such amounts become delinquent, be a lien in 
favor of the United States upon the premises sold by 
the Commission, though not valid as against any 
mortgagee, pledgee, purchaser, or judgment creditor 
until notice thereof has been filed in accordance with 
the laws of the State in which the property is situ- 
ated or in the office of the clerk of the United States 
district court for the judicial district in which the 
property subject to the lien is situated, if such State 
has not by law provided for the filing of such notice ; 

d. in transferring any property pursuant to sec- 
tions 31 and 52, may impose such restrictions and 
requirements relating to the use of the premises and 
to public health and safety, as the Commission may 
deem appropriate, which restrictions and require- 
ments shall not be valid beyond one year after the 
incorporation of the city at the community or after 
June 30, 1966, in the case of Los Alamos ; 15 and 

e. may require that any payments in lieu of prop- 
erty taxes or assessments for local improvements 
made by the Commission with respect to the property 
shall be equitably prorated. 

Sec. 56. Occupancy by Existing Tenants. — Upon ap- 
plication by any occupant of a single or duplex house 
made within the period of the first priority when such 
house is first offered for sale under this Act, the Commis- 
sion shall execute a lease to such occupant for a period 
not to exceed one year from the date on which such prop- 
erty is first offered for sale, or for such period as he re- 
mains a project-connected person, whichever is shorter. 
In selling any house with respect to which a lease executed 
under this section is in effect, the Commission may pro- 
vide that the purchaser shall assume any or all obliga- 
tions of the lessor, but the Commission shall guarantee 
the lessee's performance under the term of the lease. 
Sec. 57. Lots. — 

a. Notwithstanding any other provision of this 
Act, the Commission is authorized, immediately upon 
passage of this Act, or immediately upon the inclu- 
sion of the community within the provisions of this 
Act, to offer for sale to the lessees single residential 
lots, which were leased by competitive bid and which 

15 Sec. 55 d. amended by 1962 Act. Prior to amendment reference to 
Los Alamos was not included. 



317 

do not have a Government-owned building thereon, 
at a price equal to the initial valuation of the lot as 
stated in the lease. 

b. The Commission is authorized to offer for sale, 
as soon as possible, other lots, to individual owners, 
upon which single family or duplex houses may be 
erected, taking into consideration the zoning restric- 
tions the new city is likely to enact with respect to 
those lots. The zoning restrictions to be taken into 
account at Los Alamos shall be those which the local 
government is likely to enact with respect to those 
lots. 16 
Sec. 58. Priority Sale or Apartment Houses. — 

a. The Commission is authorized at Los Alamos 
to grant to occupants, project-connected persons, and 
persons residing in the community both at the time 
of offering of an apartment house for sale and for 
the preceding six months, and to any of the foregoing 
persons acting together, such priority interests and 
priority rights for the purchase of the apartment 
house as the Commission determines to be fair and 
reasonable : Provided, That a first priority right to 
purchase may be granted only to an occupant or a 
group of occupants, or an assignee (whose member- 
ship or ownership is composed of occupants, or proj- 
ect-connected persons, or persons residing in the com- 
munity both at the time of offering of an apartment 
house for sale and for the preceding six months, or 
any of the foregoing persons) of the priority in- 
terests of such occupants, who or w T hich has obtained 
the priority interest of at least 60 per centum of the 
occupants of the apartment house : Provided further, 
That a second priority right to purchase may be 
granted only to an entity whose membership or 
ownership consists of occupants, or project-con- 
nected persons, or persons residing in the community 
both at the time of offering of an apartment house 
for sale and for the preceding six months, or any of 
the foregoing persons (provided that such entity has 
obtained the priority interest of at least one occu- 
pant), and whose membership or ownership equals 
in number, and occupies or agrees to occupy, at least 
70 per centum of the housing units in the apartment 
house. The 15 per centum deduction specified by sub- 
section 35 a., the deduction provided by subsection 
36 d., the financing provisions of section 62, and 
the indemnity provided by sections 63, 6-1, 65, and 
66 shall be applicable to such priority sales of apart- 
ment houses. Priority interests granted by the Com- 
mission under this section shall be transferable as 
the Commission may by rule or regulation prescribe, 



M Last sentence of sec. 57 b. added by 1962 Act. 



318 

hut no priority right to purchase shall be transferred 
except as provided by section 43. 

b. Any occupant who does not participate in the 
purchase of an apartment house with respect to 
which a priority right to purchase has been granted 
shall be entitled, at the time of sale by the Commis- 
sion, to a lease for occupancy of his housing unit for 
a period not to exceed fifteen months from the date 
the property was first offered for sale: Provided, 
That the occupant makes application for such a lease 
within 30 days of the grant of such priority to pur- 
chase. In selling any apartment house with respect to 
which a lease executed under this section is in effect, 
the Commission is authorized to provide for the 
purchaser to assume any or all obligations of the les- 
sor. The Commission in such event shall guarantee 
the lessee's performance of the lease. 

c. Persons who have purchased, either individ- 
ually or jointly with other persons, a single- family 
house or duplex house (or a single-family unit in a 
duplex house) at Los Alamos pursuant to a priority 
right under this Act shall not be eligible to partici- 
pate in the priority purchase of an apartment house. 

d. The Commission is authorized to prescribe by 
rule or regulation such other conditions as it may 
find necessary or desirable for qualification of pri- 
ority interests and rights for the purchase of an 
apartment house. 17 

CHAPTEK 6. FINANCING 

Sec. 61. Contract Purchase. — The Commission may, 
in the sale of any single-family or duplex house to a 
priority purchaser, enter into a contract to purchase 
which provides that the purchaser shall conclude his 
purchase within not more than three years after the date 
the contract is entered into. Such contracts to purchase 
shall provide for such periodic payments, including pay- 
ments on account of principal, interest, or tax equiva- 
lents, as the Commission shall prescribe. 

"Public Law 90-190 (81 Stat. 575) (1967). sec. 1. substituted a com- 
pletely new sec. 58. For legislative history of Public Law 90-190. see 
appendix A. infra. Prior to amendment, sec. 58 (which was added by the 
1962 Act) read as follows : 

"Sec. 58. Cooperatives. — The Commission may grant to cooperatives 
the entire initial membership of which is restricted to proiect-connected 
persons, such priorities for the purchase of apartment buildings as the 
Commission determines fair and reasonable. The priority with respect to 
each cooperative shall terminate if within such time as the Commission 
may prescribe the cooperative has not obtained one hundred per centum 
initial membership consisting of project-connected persons. The 15 per 
centum deduction specified by subsection 35 a., the deduction provided 
by 36 d., the financing provisions of section 62. and the indemnity pro- 
vided by sections 63. 64, 65. and 66 shall be aonlieable to priority sales 
of apartment buildings to such cooperatives. The term 'cooperative' as 
used herein means a corporation or a trust of the character described 
in section 213(a)(1) of the National Housing Act, as amended." 



319 

Sec. 62. Commission Financing. 18 — 

a. In the event that the Commission finds that 
financing on reasonable terms is not available from 
other sources, the Commission may, in order to facili- 
tate the sale of residential property under chapter 5 
of this Act, accept, in partial payment of the pur- 
chase price of any such property 19 notes secured by 
first mortgages on such terms and conditions as the 
Commission shall deem appropriate. In the case of 
houses and apartment buildings, the maturity and 
percentage of appraised value in connection with 
such notes and mortgages shall not exceed those pre- 
scribed under section 223(a) of the National Hous- «| f^ 605 - 
ing Act, as amended, and the interest rate shall equal 1715 n. 
the interest rate plus the premium being charged 

(and any periodic service charge being authorized 
by the Federal Housing Commissioner for properties 
of similar character) under section 223(a) of the 
National Housing Act, as amended, at the effective 
date of such notes and mortgages. 

b. In connection with the sale of residential prop- 
erty financed under section 62 a. of this Act, the 
Commission is authorized to make advances for 
necessary repairs, or for the rehabilitation, modern- 
ization, rebuilding or enlargement of single and 
duplex residential properties to priority purchasers, 
and to include such advances in the amount of the 
note secured by the mortgage on such property. 

c. In the event that the Commission finds that 
financing on reasonable terms is not available from 
other sources, the Commission may, in order to facil- 
itate the sale of commercial property under chapter 
5 of this Act, accept, in partial payment of the pur- 
chase price of any commercial property notes secured 
by first mortgages on such terms and conditions as 
the Commission shall deem appropriate. 

d. The Commission may sell any notes and mort- 
gages acquired under subsections a. and c. of this 



18 Public Law 802, 84th Cong. 731, 2d sess.. 70 Stat. 653) (1956), 
sec. 2. reworded sec. 62. Before amendment, sec. 62 read : 

''Sec. 62. Commission Financing. — 

"a. In the event that the Commission finds that financing on rea- 
sonable terms is not available from other sources, the Commission 
may. in order to facilitate the sale of residential property under chap- 
ter 5 of this Act, accept, in partial payment of the purchase price of 
any house, apartment building, or dormitory notes secured by first 
mortgages on such terms and conditions as the Commission shall deem 
appropriate. In the case of houses and apartment buildings, the 
maturity and percentage of appraised value in connection with such 
notes and mortgages shall not exceed those prescribed under section 
223(a) of the National Housing Act, as amended, and the interest 
rate shall equal the interest rate plus the premium being charged 
(and any periodic service charge being authorized by the Federal 
Housing Commission for properties of similar character) under sec- 
tion 223(a) of the National Housing Act, as amended, at the effective 
date of such notes and mortgages. 

"b. The Commission may sell any such notes and mortgages on 
terms set by the Commission." 

19 1062 Act inserted the words "such property" and deleted the words 
'house, apartment building, or dormitory". 



320 

section on terms set by the Commission. Notwith- 
standing any other provisions of law and without 
4i u.s.c. regard to the provisions of section 3709 of the Re- 

u 5 i.c. ) 2 ( 6o e fb)j. vised Statutes, the Commission may, in accordance 

with such terms and conditions as it may prescribe, 
( 1 ) enter into contracts for servicing any of the notes 
and mortgages it has acquired, and (2) sell or enter 
into contracts to sell to a servicer any notes and 
mortgages with respect to which a servicing contract 
has been entered into by the servicer with the Com- 
mission: Provided, That with respect to sales of 
notes and mortgages under (2) the Commission shall 
comply with section 3709 of the Revised Statutes 
unless it determines that such compliance would not 
be feasible. 20 
Sec. 63. Commission Indemnity. — For a period of not 
more than fifteen years after the date of enactment of 
this Act, or, in the case of Los Alamos, not more than 
fifteen years after the date it is included within this Act, 
the Commission shall indemnify the purchaser (except 
a purchaser taking advantage of the provisions of subsec- 
tion 36(d) ) , and any successor in title, of any such single 
family or duplex house as set forth in this chapter. This 
indemnity shall be deemed to be incorporated in the deeds 
given on the sale of Government-owned houses. One per- 
son may not invoke the indemnity in respect of more than 
one house. 21 

Sec. 64. Community Employment and Population. — 
The indemnity obligation specified in section 63 shall 
arise only if, for the six months just preceding the date 
on which it is invoked — 

(a) the total number of operating, maintenance, 
and administrative employees in the project area, as 
determined by the Commission, has been less than 
fourteen thousand three hundred and thirty-seven 
in the case of Oak Ridge or seven thousand six hun- 
dred and twenty-two in the case of Richland or four 
thousand six hundred and twenty in the case of Los 
Alamos ; and 22 

(b) the population in the community has been less 
than twenty-nine thousand two hundred and fifty 
in the case of Oak Ridge or twenty-five thousand two 
hundred in the case of Richland or eleven thousand 
seven hundred and sixty-nine in the case of Los 
Alamos. 23 

For purposes of this section employment shall be deter- 
mined on the basis of the pay period or periods ending 
nearest the 15th of each month. 



20 1962 Act amended sec. 62 d. Prior to amendment, this section read 
as follows : "d. The Commission may sell any notes and mortgages 
acquired under subsections a. and c. hereof on terms set by the Com- 
mission." 

21 1962 Act added reference to Los Alamos. 

23 1962 Act added reference to Los Alamos in clause (a). 

83 1962 Act added reference to Los Alamos in clause (b). 



321 

Sec. 65. Amount of Indemnity. — The indemnity obli- 
gation of the Commission specified in section 63 shall be 
for such amount, less the sales price of the property, 
as would have remained unpaid under a loan entered 
into on the date of the execution of the original deed by 
the Commission — 

(1) which was in the amount of the purchase price 
from the Commission and provided for equal 
monthly payments of principal and interest over a 
period of twenty years computed on the basis of the 
average interest and other charges recorded for prop- 
erty of the same class at the community ; and 

(2) on which all payments due to the date when 
notice was received by the Commission had been 
made. 

Sec. 66. Conditions of Indemnity. — The Commission 
shall make the indemnity payment specified by section 65 
only if the Commission receives a notice from the then 
owner of the property that he is about to sell the prop- 
erty for a sum less than the unpaid balance of the real 
or hypothetical loan calculated pursuant to section 65. 
Such payment shall be made only if — 

a. notice is given to the Commission at a time 
when the conditions of section 64 are satisfied ; 

b. the sale is made within such time as the Com- 
mission may prescribe and in a manner which the 
Commission determined to afford adequate assurance 
of a fair price without excessive costs ; and 

c. the Commission is given such prior notice of 
the sale and such opportunity to become a purchaser 
as it shall prescribe. 

In such circumstances the Commission is hereby author- 
ized to purchase the property. Sales pursuant to this sec- 
tion and payment by the Commission of such amount, 
if any, as is owing pursuant to sections 63 through 66 
shall end the obligation of the Commission under sec- 
tions 63 through 66 with respect to that property. 

CHAPTER 7. UTILITIES 

Sec. 71. Authorization To Transfer Utilities. — The 
Commission is authorized to transfer to one or more of 
the entities specified in this chapter such utilities as in 
the judgment of the Commission will be appropriate to 
enable the transferee to meet the needs of the residents 
of the community for adequate utility services of the 
kind to be transferred. 

Sec. 72. Date of Transfer. Transfers of utilities shall 
be made as soon as possible, but in any event, not later 
than Rve years after the date of enactment of this Act 
in the case of Oak Ridge and Richland, or, in the case 
of Los Alamos, not later than five years after the date 
it is included within this Act, 24 



24 1962 Act added reference to Los Alamos. 



322 

Sec. 73. Entity Receiving Transfer. — 

a. Transfer may be made to one or more of the 
following, if the transferee has the legal authority 
to receive and operate the utility. 

(1) the city at the community; 

(2) the State in which the community is 
located ; 

(3) any political subdivision or agency of 
that State; or 

(4) any person, firm, corporation, or other 
legal entity. 

b. In determining the transferee for any utility, 
the Commission may consider the following: 

(1) the pattern of ownership of the compar- 
able utilities in the State in which the commu- 
nity is located; 

(2) the ability of the transferee to operate the 
utility ; 

(3) the probable price of the sale of the 
utility, the ability of the transferee to pay that 
price, and any probable expense; 

(4) the desires of the eligible voters of the 
community as directly expressed in any vote in 
any officially recognized procedure, or in any 
procedure established by the Commission; and 

(5) the benefit to the United States in reduc- 
ing possible requirements for local assistance as 
authorized in chapters 8 and 9 of this Act. 

Sec. 74. Utilities Transferable. — All utilities are 
authorized to be transferred under this chapter, but shall 
not include property which the Commission determines 
to be needed for its own use. 

Sec. 75. Charges for Utilities Transferred. — The 
Commission may give the utility to the city incorporated 
at the community ; and must charge in selling the utility 
to any otlrer transferee : Provided, That at Los Alamos, 
utilities may be given to the county or other local gov- 
ernmental entity. 25 The charges and terms for the trans- 
fer of any utility may be established by advertising and 
competitive bid, or by negotiated sale or other transfer 
at such prices, terms, and conditions as the Commission 
shall determine to be fair and equitable. 

CHAPTER 8. MUNICIPALITIES 

Sec. 81. Assistance in Organization. — The Commis- 
sion is authorized, for a period not to extend beyond five 
years after the date of enactment of this Act in the case 
of Oak Ridge and Richland, or, in the case of Los Ala- 
mos, not to extend beyond five years after the date it is 
included within this Act, to cooperate with and assist the 



25 1962 Act added proviso. 



323 

residents of the community in preparation for and estab- 
lishment of local self-government and in the transfer of 
municipal installations and responsibilities to local enti- 
ties. 26 Such assistance may include payment of any 
amounts reasonably necessary to meet expenses incident 
to the establishment and organization of a city govern- 
ment and other local entities at the community, until such 
time as the municipal installations are transferred in 
accordance with the provisions of this chapter. 

Sec. 82. Authorization To Transfer Municipal 
Installations. — The Commission is authorized to trans- 
fer to one or more of the entities specified in this chapter 
such municipal installations as in the judgment of the 
Commission, will be appropriate to enable the transferees 
to meet the needs of the residents of the community for 
adequate school, hospital, and other municipal services. 

Sec. 83. Date of Transfer. — Transfers of municipal 
installations may be made at any time, not later than five 
years after the date of enactment of this Act in the case 
of Oak Riclge and Richland, or, in the case of Los Ala- 
mos, not later than five years after the date it is included 
within this Act. 27 

Sec. 84. Entity Receiving Transfer. — 

a. Transfers may be made to one or more of the 
following, if the entity has the legal authority to 
receive the installation: (1) the city at the com- 
munity; (2) the State in which the community is 
located; (3) any political subdivision or agency of 
that State; or (4) a private nonprofit organization 
in the case of the hospital installation or cemetery at 
the community. 

b. In determining the entity to which school, hos- 
pital, and other municipal installations, respectively, 
shall be transferred, the Commission shall be gov- 
erned, in order, by 

(1) the results of a vote in which the eligible 
voters in the community expressed themselves 
directly on the transfer in the vote on the 
incorporation of the city ; 

(2) the results of a vote in which the eligible 
voters have directly expressed themselves on the 
proposed transfer in a referendum or other 
officially recognized procedure ; 

(3) there being only one entity which is 
legally authorized to receive the municipal in- 
stallation ; or 



26 Sec. 81 amended by 1002 Art. Prior to amendment, first sentence of 
sec. 81 read as follows : "The Commission is authorized, for a period not 
to extend beyond five years after the date of enactment of this Act to 
cooperate with and assist the residents of the community in preparation 
for and establishment of local self-government and in the transfer of 
municipal installations and responsibilities to local entities." 

27 V.HV2 Act amended sec. 88. Prior to amendment, this section read as 
follows : '"Transfers of municipal installations may be made at any time, 
not later than five years after the date of enactment of this Act." 



324 

(4) in the absence of the other alternatives, 
the Commission has conducted a vote of the 
eligible voters of the community on the proposed 
transfer under such procedures as it mav estab- 
lish. 
Sec. 85. Installations Transferable. — All munici- 
pal installations are authorized to be transferred under 
this chapter, but shall not include property which the 
Commission determines to be needed for its own use. 

Sec. 86. Charges for Municipal Installations 
Transferred. — The transfer of any municipal installa- 
tion authorized to be made under the provisions of this 
chapter may be made without charge to the entity receiv- 
ing the installation. 

CHAPTER 9. LOCAL ASSISTANCE 27a 

Sec. 91. Basis of Assistance to Cities and Other 
State and Local Entities. — 

a. From the date of transfer of any municipal in- 
stallations to a governmental or other entity at or 
for the community, the Administrator shall, for a 
period of ten years, make annual assistance pay- 
ments of just and reasonable sums to the State, 
County, or local entity having jurisdiction to collect 
property taxes or to the entity receiving the instal- 
lation transferred hereunder: Provided, however, 
with respect to the Cities of Oak Ridge, Tennessee, 
and Richland, Washington, and the Richland School 
District, the Administrator is authorized to continue 
to make assistance payments of just and reasonable 
sums after expiration of such ten-year period: 
Provided further, That the Administrator is also 
authorized to make payments of just and reasonable 

27 a Public Law 94-187 (89 Stat. 1063) (1975), amended Chapter 9 of 
the Atomic Erfergy Community Act of 1955 as follows : 

Section 601(1) of Public Law 94-187 deleted the word "Commission" 
wherever it appeared in sections 91, 93 and 94, and the first time it 
appeared in section 92, and inserted in each instance in lieu thereof the 
word "Administrator" ; 

Section 601(2) of Public Law 94-187 amended section 91a(2) by sub- 
stituting the words "Energy Research and Development Administration" 
for the words "atomic energy" ; 

Section 601(3) of Public Law 94-187 amended section 91d by deleting 
the word "its" ; 

Section 601(4) of Public Law 94-187 amended section 91e by deleting 
the word "itself" ; 

Section 601(5) of Public Law 94-187 amended section 91a by adding 
the following language to the first sentence : "Provided further, That the 
Administrator is also authorized to make payments of just and reason- 
able sums to Anderson County and Roane County, Tennessee." ; 

Section 601(6) of Public Law 94-187 amended the language contained 
in parentheses in section 91d. Prior to amendment, that language read 
as follows : "or not less than six months prior to June 30, 1979, in the 
case of the Cities of Oak Ridge. Tennessee, and Richland, Washington, 
and the Richland School District" ; 

Section 601(7) of Public Law 94-187 deleted the word "Commission" 
in the catchlines of sections 92 and 94 ; 

Section 601(8) of Public Law 94-187 substituted the words "Energy 
Research and Development Administration" for the word "Commission" 
the second time it appeared in Section 92 ; 

Section 601(9) of Public Law 94-187 added the following language to 
the last sentence of section 93 ; "and in the case of Anderson County 
and Roane County, Tennessee, shall not extend beyond June 30, 1986.". 
For legislative history of Public Law 94-187, see Part V, supra. 



325 

sums to Anderson County and Roane County, 
Tennessee. In determining the amount and recipient 
of such payments the Administrator shall consider — 

(1) the appproximate real property taxes and 
assessments for local improvements which 
would be paid to the governmental entity upon 
property within the community if such property 
were not exempt from taxation by reason of 
Federal ownership ; 

(2) the maintaining of municipal services at 
a level which will not impede the recruitment or 
retention of personnel essential to the Energy 
Research and Development Administration 
program ; 

(3) the fiscal problems peculiar to the govern- 
mental entity by reason of the construction at 
the community as a single purpose national de- 
fense installation under emergency conditions; 

(4) the municipal services and other burdens 
imposed on the governmental or other entities 
at the community by the United States in its 
operations in the project area; and 

(5) the tax revenues and sources available to 
the governmental entity, its efforts and diligence 
in collection of taxes, assessment of property, 
and the efficiency of its operations. 2 ™ 

b. Special interim payments may be made under 
the provisions of this section to any governmental 
entity which — 

(1) has a special burden due to the require- 
ments under law imposed upon it in assisting in 
effectuating the purposes of this Act for which 
it will not otherwise receive adequate compensa- 
tion or revenues ; or 

(2) will suffer a tax loss or lapse in place of 
which it will not receive any other adequate 
revenues until the new governmental entities 
contemplated by this chapter are receiving their 



27,5 Public Law 90-190 (81 Stat. 575) (1967) sec. 2(1) added a com- 
pletely new sec. 91a. For legislative history of Public Law 90-190, see 
appendix A, infra. Prior to amendment, sec. 91 a. read as follows : 

"a. From the date of transfer of any municipal installations to a gov- 
ernmental or other entity at or for the community, the Commission shall, 
for a period of ten years, make annual assistance payments of just and 
reasonable sums to the State, county, or local entity having jusisdiction 
to collect property taxes or to the entity receiving tbe installation trans- 
ferred hereunder. In determining the amount and recipient of such pay- 
ments, the Commission shall consider — 

"(1) the approximate real property taxes and asspssments for 
local improvements which would be paid to the governmental entity 
upon property within the community if such property were not 
exempt from taxation by reason of Federal ownership ; 

"(2) the maintaining of municipal services at a level which will 
not impede the recruitment or retention of personnel essential to the 
atomic energy program ; 

"(3) the fiscal problems peculiar to the governmental entity by 
reason of the construction at the community as a single purpose 
national defense installation under emergency conditions ; and 

"(4) the municipal services and other burdens imposed on the 
governmental or other entities at the community by the United 
States in its operations in the project area." 



326 

normal taxes and performing their normal 
functions. 

c. Payments made under this section shall be pay- 
ments made for special burdens imposed on the local 
governmental entities in accordance with the second 
sentence of section 168 of the Atomic Energy Act of 
1954. Payments ma} 7 be made under this section not- 

20 u!sfa 236 withstanding the provisions of the Act of September 

et seq." ' 30, 1950 (Public Law 874, Eighty-first Congress), 

as amended. 

d. With respect to any entity not less than six 
months prior to the expiration of the ten-year 
period referred to in subsection a. (or not less than 
six months prior to June 30, 1979, in the case of the 
Cities of Oak Ridge, Tennessee, and Richland, 
Washington, and the Richland School District; or 
not less than six months prior to June 30, 1986, in 
the case of Anderson County and Roane County, 
Tennessee), the Administrator shall present to the 
Joint Committee on Atomic Energy recommenda- 
tions as to the need for any further assistance pay- 
ments to such entity. 270 

e. In exercising the authority of subsection 91 a. 
the Administrator shall assure that the govern- 
mental or other entities receiving assistance here- 
under utilize all reasonable, available means to 
achieve financial self-sufficiency to the end that as- 
sistance payments by the Administrator may be re- 
duced or terminated at the earliest practical time. 27c 

Sec. 92. Reductions. — Any payment which becomes 
due under section 91 prior to the transfer of all municipal 
installations at the community may be reduced by such 
amount as the Administrator determines to be equitable 
based on the municipal services then being performed by 
the Energy Research and Development Administration, 
and the municipal services then being performed by such 
governmental entity. 

Sec. 93. Area of Service. — The payments made pur- 
suant to section 91 to transferees of municipal installa- 
tions are in anticipation that the respective recipients of 
those payments furnish, or have furnished, for the com- 
munity, the school, hospital, or other municipal services 



- T c Public Law 90-190 (81 Stat. 575) (1967), sec. 2, substituted a com- 
plete new sec. 91d. and added sec. 91e. For legislative history of Public 
Law 90-190, see appendix A, infra. Prior to amendment, sec. 91d. read 
as follows : 

"d. With respect to any entity not less than six months prior to 
the expiration of the ten-year period referred to in subsection a, the 
Commission shall present to the Joint Committee on Atomic Energy 
its recommendations as to the need for any further contribution pay- 
ments to such entity. If it recommends further contribution pay- 
ments, it shall propose a definite schedule of such contribution 
payments which will provide for an orderly and reasonably prompt 
withdrawal of the Atomic Energy Commission from participation in 
and contribution toward local government." 



327 

in respect of which the payments are made. Any such 
payment may be withheld, in whole or in part, if the 
Administrator finds that the recipient is not furnishing 31 usc - 665 - 
such services for any part of the area so designated ; and 
in the case of Anderson County and Roane County, 
Tennessee, shall not extend beyond June 80, 1986. 

Sec. 94. Contracts. — The Administrator is authorized, 
without regard to section 3679 of the Revised Statutes, to 
enter into a contract with any governmental or other en- 
tity to which payments are required or authorized to be 
made pursuant to section 91, obligating the Administra- 
tor to make to such entity the payments directed or 
authorized to be made by section 91 : Provided, hotvever, 
That the term of such contracts, in the case of the Cities 
of Oak Ridge, Tennessee, and Richland, Washington, and 
the Richland School District, shall not extend beyond 
June 30, 1979. 27d 

CHAPTER 10. TRANSFER OF FUNCTIONS, AND 
REVIEW 

Sec. 101. Transfer or Functions. — The President is 
authorized to delegate the duties and responsibilities 
placed on the Commission by this Act to such other agen- 
cies of the United States Government as are reasonably 
qualified to perform those duties and responsibilities. 
The President may delegate any or all of the duties and 
responsibilities of the Commission in the operation of the 
communities to such other agencies of the United States 
Government that are reasonably qualified to perform 
those duties and responsibilities. The Commission shall 
retain no financing duties and responsibilities. 276 

Sec. 103. Joint Committee on Atomic Energy. — The 
provisions of chapter 17 of the Atomic Energy Act of 
1951 shall be applicable to all matters under this Act. 

CHAPTER 11. GENERAL PROVISIONS 

Sec, 111. Powers of the Commission. — The Commis- 
sion shall have all powers conferred by the Atomic 
Energy Act of 195-1, including the power to make, pro- 
mulgate, issue, rescind, and amend such rules, regulations, 

^Public Law 90-190 (81 Stat. 575) (1967), sec 3, substituted a com- 
plete new sec. 94. For legislative history of Public Law 90-190, see 
appendix A, infra. Prior to amendment, sec. 94 read as follows • 

"Sec. 94. Commission' Contracts. — The Commission is authorized 
without regard to sec. 3679 of the Revised Statutes, to enter into a con- 
tract with any governmental or other entity to which pavments are 
required to be made pursuant to sec. 91, obligating the Commission to 
make such entity the payments as directed to be made by sec 91 " 

^Public Law 93-608 (88 Stat. 1967) (1975) repealed sec* 102. Prior 
to repeal, this section read as follows : 

•'Sec 102 Review. — The Commission shall present to the Joint Com- 
mittee on Atomic Energy of the Congress a full review of its activities 
under tms Act every three years in addition to any other presentation 
which may be required or requested by the Joint Committee " 



328 

and delegations as may be appropriate to carry out the 
provisions of this Act and shall be subject to the limita- 
tions contained in chapter 14 of that Act. Nothing con- 
tained in this Act shall impair the powers vested in the 
Commission by the Atomic Energy Act of 1954, as 
amended, or any other law. 

Sec. 112. Qualification To Purchase. — Xo officer or 
employee of the Commission or of any other Federal 
agency (including officers and members of the Armed 
Forces) shall be disqualified from purchasing any prop- 
erty or exercising any right or privilege under this Act, 
but no such officer or employee shall make any determi- 
nation as to his own eligibility or priority, or as to valu- 
ation, price, or terms of sale and financing of property 
sold to him. 

Sec. 113. Contract Forms. — Contracts entered into 
pursuant to this Act and other instruments executed pur- 
suant to this Act shall be in such form and contain such 
provisions, consistent with this Act, as the Commission 
shall prescribe; and shall be as simple and concise as 
possible. Any mortgage shall contain terms which will 
place the United States in the same position, with re- 
spect to any mortgages it may hold under the provisions 
of chapter 6, as that occupied by a private lender under 
the applicable State laws for the relief of mortgagors 
with respect to deficiency judgments. 

Sec. 114. Evidence. — A deed, lease, contract, or other 
instrument executed by or on behalf of the Commission 
purporting to transfer title or any other interest in prop- 
erty disposed of pursuant to this Act shall be conclusive 
evidence of compliance with the provisions of this Act 
and rules and regulations promulgated thereunder, in- 
sofar as concerns title or other interest of any bona fide 
grantee or transferee for value without notice of lack 
of such compliance, and his successors in title. 

Sec. 115. Administrative Review. — Determinations 
authorized by this Act to be made by the Commission as 
to classification, priorities, prices, and terms and condi- 
tions of sale of property disposed under this Act shall be 
subject to review only in accordance with such provisions 
for administrative review or reconsideration as the Com- 
mission may prescribe. 

Sec. 116. Repossession. — The Commission is authorized 
to repossess any property sold by it in accordance with 
the terms of any contract to purchase, mortgage or other 
instrument, and to sell or make any other disposition of 
any property so repossessed and any property purchased 
by it pursuant to section 66. Notwithstanding any other 
provision of law relating to the acquisition, handling, or 
disposal of real property by the United States, the Com- 
mission shall have power to deal with, complete, operate, 



329 

rent, renovate, modernize, insure, or sell for cash or 
credit, in its discretion, any properties acquired pur- 
suant to this Act, and to pursue to final collection, by way 
of compromise or otherwise, all claims arising pursuant to 
this section : Provided, That expenses authorized by this 
section shall be considered nonadministrative expenses: 
Provided further, That section 3709 of the Revised Stat- 
utes shall not apply to any contract entered into pursuant 
to this section if the amount thereof does not exceed 
$1,000. 28 

Sec. 117a. 29 — There is hereby established as of June 30, 
1956, a Community Disposal Operations Fund, and the 
Commission (or the head of such agency as may be carry- 
ing out the sales and financing functions of the Commis- 
sion pursuant to a delegation by the President under 
section 101 of this Act) is authorized to credit said fund 
with all moneys hereafter obtained or now held by it and 
to account under said fund for all assets and liabilities 
held or acquired by it in connection with its sales and 
financing functions under this Act, and to make tempo- 
rary advances to such fund, from any other funds avail- 
able for expenses of operations of such Commission or 
agency, as may be required to carry out such functions 
pending the realization of sufficient proceeds under the 
provisions of this Act : Provided, That any such advances 
shall be repaid to the source appropriation or fund, to the 
extent of any unobligated balances available in the Com- 
munity Disposal Operations Fund, prior to the close of 
the fiscal year during which such advances are made. 

b. The Community Disposal Operations Fund shall be 
available to pay for all necessary costs, expenses (includ- 
ing administrative expenses), losses or obligations in- 
curred in connection with the aforesaid functions, includ- 
ing expenses incident to sale, or other transfer and any 
financing under section 62, indemnities under sections 63 
through 66, and expenses authorized by section 116 of 
this Act, and expenses in connection with the defense and 
payment of any claims for breaches of warranties and 
covenants of title of any property disposed of pursuant 
to this Act. 

c. Any amount in said fund which is determined to be 
in excess of requirements for the purposes thereof shall 
be declared and paid as liquidating dividends to the 
Treasury, not less often than annually. 



28 Public Law 802, 84th Cong. (ch. 731, 2d sess., 70 Stat. 653) (1956). 
sec. 3 added the last sentence to sec. 116. 

29 Public Law 802, 84th Cong. (ch. 731, 2d sess., 70 Stat. 653) (1956), 
sec. 4 reworded sec. 117. Before amendment sec. 117 read: 

"Sec. 117. Net Proceeds. — The net proceeds derived by the Commis- 
sion from the disposal of property pursuant to this Act, after defraying 
expenses incident to appraisal, sale or other transfer and any financing 
under section 62, shall be covered into the Treasury. Annually, upon 
advice of the Commission, there shall be transferred to miscellaneous 
receipts of the Treasury such portion of such net proceeds as may no 
longer be needed to meet the contingent obligations provided for in sub- 
section 118 c." 

65-234—76 22 



330 

Sec. 118. Appropriations. — 

a. No appropriation shall be made to carry out the 
provisions and purposes of this Act unless previously 
authorized by legislation enacted by Congress.- 9 * 

b. There are authorized to be appropriated the 
sum of $518,000 at Oak Ridge, the sum of $2,215,- 
000 30 at Richland and the sum of $8,719,000 at Los 
Alamos for construction, modification, or expansion 
of municipal installations and utilities authorized to 
be transferred pursuant to chapter 7 and chapter 8 
of this Act. 31 

Sec. 119. Separability of Provisions. — If any pro- 
visions of this Act, or the application of such provision 
to any person or circumstances, is held invalid, the re- 
mainder of this Act or the application of such provision 
to persons or circumstances other than those as to which 
it is held invalid, shall not be affected thereby. 

Sec. 120. Disposal of Property. — In addition to any 
other authority the Commission may have, the Commis- 
sion is authorized, without regard to the provisions of 
section 3709 of the Revised Statutes, as amended, to lease 
land, and to sell, lease, including leases with options to 
purchase, and otherAvise dispose of improvements 
thereon, and such equipment and other personal property 
as is determined to be directly related thereto, in the 
Commission's Hanford project in and near Richland, 
Washington, upon a determination by the Commission 
that such disposition will serve to prevent or reduce the 
adverse economic impact of actual or anticipated reduc- 
tions in Commission programs in that area : Provided, 
however, That the compensation to the Government for 
any such disposition shall be the estimated fair market 
value or estimated fair rental value of the property as 
determined by the Commission : Provided further, That 
before the Commission makes any disposition of prop- 
erty under the authority of this section, the basis for the 

^•Public Law 90-190 (81 Stat. 575) (1967), sec. 4, amended see. 118a. 
For legislative history of Public Law 90-190, see appendix A, infra. Prior 
to amendment, sec. 118a. read as follows : 

"a. There are hereby authorized to be appropriated such sums as 
may be necessary and appropriate to carry out the provisions and 
purposes of this Act." 

so Public Law 802, 84th Cong. (ch. 731, 2d sess., 70 Stat. 653) (1956), 
sec. 5 changed this figure from $2,165,000 to $2,215,000. 

31 1962 Act amended sec. 118 b. Prior to amendment this section read 
as follows : 

"b. There are authorized to be appropriated the sum of .$518,000 at 
Oak Ridge and the sum of $2,215,000 at Richland for construction, modi- 
fication, or expansion of municipal installations authorized to be trans- 
ferred pursuant to chapter S of this Act." 

Public Law 802, 84th Cong. (ch. 731, 2d sess., 70 Stat. 653) (1956), 
sec. 6 repealed former sec. 118 c, which read : 

"c. As much as may be necessary of net proceeds from section 117 are 
hereby appropriated and made available for use by the Commission 
(without fiscal year limitations) to pay any costs, losses, expenses, or 
obligations incurred by the Commission in connection with obligations 
entered into pursuant to section 37 or section 63, with repossession or 
repurchase, rehabilitation, and further disposition pursuant to section 
R3 through 66 and section 116, and with the defense and payment of any 
claims for breaches of warranties and covenants of title of any property 
disposed of pursuant to this Act." 



331 

proposed disposition (with necessary background and 
explanatory data) shall be submitted to the Joint Com- 
mittee on Atomic Energy, and a period of forty-five days 
shall elapse while Congress is in session (in computing 
such forty-five days, there shall be excluded the days on 
which either House is not in session because of adjourn- 
ment of more than three days) : Provided, however, That 
the Joint Committee on Atomic Energy, after having 
received the basis for the proposed disposition, may by 
resolution in writing waive the conditions of, or all or 
any portion of, such forty-five-day period. 32 

AMENDMENT TO NATIONAL HOUSING ACT 

Sec. 201. Section 223(a) of the National Housing Act, 
as amended, is further amended as follows : 

(a) After paragraph (3) thereof there is added the 
following new paragraph: 

"(4) executed in connection with the sale by the 
Government, or any agency or official thereof, of any 
housing (including any property acquired, held, or 
constructed in connection therewith or to serve the 
inhabitants thereof) pursuant to the Atomic Energy 
Community Act of 1955, as amended : Provided, 
That such insurance shall be issued without regard 
to any preferences or priorities except those pre- 
scribed by the Atomic Energy Community Act of 
1955, as amended; or". 

(b) The paragraph numbered (4) is renumbered (5). 

(c) The paragraph numbered (5) is renumbered (6) 
and is revised to read as follows : 

"(6) executed in connection with the first resale, 
within two years from the date of its acquisition from 
the Government, of any portion of a project or prop- 
erty of the character described in paragraphs (1), 
(2), (3), and (4) above; or". 

(d) The paragraph numbered (6) is renumbered (7) 
and the last proviso therein is amended by striking "(4) 
or (5)" and inserting u (4), (5), or (6)" and by striking 
"(3), or (5)" and inserting "(3), (4), or (6)". 

AMENDMENT TO PUBLIC LAW NUMBERED 8 7 4, EIGHTY-EIRST 

CONGRESS 

Sec. 202. Section 8(d) of the Act of September 30, 
1950 (Public Law Numbered 874, Eighty-first Congress) , 
as amended, is further amended by adding, after the 
words "Indian Affairs", the following: ", or the avail- 
ability of appropriations for the making of payments 
directed to be made by section 91 of the Atomic Energy 
Community Act of 1955, as amended." 

Approved August 4, 1955. 

M Public Law 88-394 (78 Stat. 376) (1964), sec. 4, added sec. 120. For 
legislative history of P.L. S8-394, see appendix A, infra. 



332 

Index to Legislative History of Public Law 84-221 
(Page references are to Congressional Record, 84th Cong., 1st sess.) 

Mr. Anderson; from Joint Committee on Atomic Energy (S. Kept. 

1140), 11324. 
Ordered placed on the calendar, 11324. 
Objected to, 11804. 
Debated, 12036, 12039, 12061. 
Amended and passed Senate, 12067. 
Passed House, 12417. 
Examined and signed, 12826, 13075. 
Presented to the President, 12962. 
Approved (Public Law 221), 12964. 

Companion Bill— H.R. 7576 

Mr. Dempsey; Joint Committee on Atomic Energy, 11426. 
Reported (H. Kept. 1402), 11425. 



Index to Legislative History of Public Law 84-802 (H.R. 11077) 

To amend the Atomic Energy Community Act of 1955, and for other purposes. 

(Page references are to Congressional Record, 84th Cong., 2d sess.) 

Mr. Dempsey ; referred to Joint Committee on Atomic Energy, 6921. 

Reported (H. Rept. 2693), 11424. 

Amended and passed House, 11548. 

Passed Senate in lieu of S. 3822, 12059. 

Examined and signed, 12397, 12436. 

Presented to President, 12567. 

Approved (Public Law 802) , 13796. 

Companion Bill— S. 3822 
Introduced, 6933. 
Reported (S. Rept. 2528), 11901. 
H.R. 11077 passed in lieu of, 12059. 



Index to Legislative History of Public Law 87-174 (S. 1622) 

(75 Stat. 409) 

To amend the Atomic Energy Community Act of 1955 

(Page references are to Congressional Record, 87th Con., 1st sess.) 

H.R. 6204 33 introduced by Congresswoman May on April 11, 1961. 

S. 1622 introduced by Senator Jackson on April 14, 1961, 5555. 

Hearings: "AEC Authorizing Legislation Fiscal Year 1962," Sub- 
committee on Legislation, May 1, 2, 3, 4, 10, 17, 18, 19, and June 6, 
1961 (May 19 hearings). 

33 House bill not reported. 



333 

Keported May 24, 1961 (S. Kept. 287), 8115. 

Passed Senate May 26, 1961, 8496. 

Kef erred back to the Joint Committee May 29, 8593. 

Reported to House August 16, 1961 (H. Kept. 962), 15016. 

Rules suspended and passed House August 22, 1961, 15516. 

Examined and signed by Acting President pro tempore of the Senate 

August 23, 1961, 15664. 
Examined and signed by the Speaker of the House August 23, 1961, 

15791. 
Presented to the President August 23, 1961, 15747. 
Approved by the President August 30, 1961 (Public Law 87-174). 



Index to Legislative History of Public Law 87-719 (S. 3580) 
(Page references are to Congressional Record, 87th Cong., 2d sess.) 

S. 3129 introduced by Senator Anderson (for himself and Mr. Pas- 
tore) (by request) on April 10, 1962, 5726. 

Hearings : Subcommittee on Communities, April 23, 1962. Published 
under title of "Disposal of the Los Alamos Community." 

S e 3580 introduced by Senator Anderson on August 1, 1962, as "clean 
bill," superseding S. 3129. Reported in Senate (S. Rept. No. 1792) 
August 1, 1962, 14075. 

S. 3580 considered by Senate and passed without amendment on Au- 
gust 8, 1962, 14925-8. 

S. 3580 considered by House on September 12, 1962. Passed House in 
lieu of H.R. 12718, 18131. 

Examined and signed by President of Senate on September 19, 1962, 
18779. 

Examined and signed by Speaker on September 19, 1962, 18881. 

Presented to the President on September 20, 1962, 18892. 

Approved by the President September 28, 1962. Public Law 87-719. 

Companion Bill— H.R. 12718 

H.R, 11185 introduced by Mr. Morris (by request) on April 10, 1962, 

1711. 
Hearings : As listed above. 
H.R. 12718 introduced by Mr. Morris on July 30, 1962, as "clean bill", 

superseding H.R. 11185, 14075. 
H.R. 12718 reported in House (H. Rept. No. 2113) on August 1, 

1962, 14338. 

Index to Legislative History of Public Law 94-187 (H.R. 3474) 
See Part V., supra. 



APPENDIXES 



APPENDIX A 



Index to Legislative History of the Atomic Energy Act of 1954 

and Amendments 

Public Law 83-703— H.R. 9757 

To amend the Atomic Energy Act of 1946, as amended, and for other purposes 

(Page references are to Congressional Record, 83d Cong., 2d sess.) 

Mr. Cole of New York ; Joint Committee on Atomic Energy, 9414. 

Reported (H. Rept. 2181), 10303. 

Made special order (H. Res. 630), 11438. 

Debated, 11655. 

Passed House, 12024. 

Amended and passed Senate (in lieu of S. 3690) , 12242. 

House disagrees to Senate amendments and asks for a conference, 12438. 

Conferees appointed, 12438. 

Senate insists on its amendments and agrees to a conference, 12380. 

Conferees appointed, 12380. 

Conference report (No. 2639) submitted in House and agreed to, 13056. 

Conference report submitted in Senate and rejected, 14338. 

Senate insists upon its amendments and asks a further conference, 14364. 

Conferees appointed, 14364. 

House agrees to further conference, 14628. 

Conferees appointed, 14628. 

Conference report (No. 2666) submitted in House and agreed to, 14852. 

Conference report submitted in Senate and agreed to, 14603. 

Examined and signed, 15097, 15305. 

Presented to the President, 15558. 

Approved (Public Law 703), 15564. 

Companion bill— S. 3690 

Mr. Hickenlooper, from Joint Committee on Atomic Energy (S. Rept. 1699), 9260. 

Ordered placed on the calendar, 9260. 

Objected to, 9737. 

Debated, 10364, 10368, 10465, 10478, 10479, 10480, 10513, 10552, 10568, 10589, 10594, 
10606, 10674, 10685, 10691, 10700. 10722, 10725, 10746, 10766, 10792, 10838, 10S42, 
10883, 10891, 11011, 11021, 11028, 11044, 11157, 11165, 11184, 11208, 11319, 11362, 
11373, 11385, 11404, 11417, 11509, 11527, 11547, 11552, 11577, 11778, 11818, 11860, 
11877, 11881, 11899, 11913, 11932, 11934, 11938, 11945, 11948, 11953, 11970, 11977, 
12001, 12132, 12193, 12204. 

Indefinitely postponed (H.R. 9757 passed in lieu) , 12242. 

Prior bill— H.R. 8862 
Mr. Cole of New York ; Joint Committee on Atomic Energy, 5251. 

Prior bill— S. 3323 
Mr. Hickenlooper ; Joint Committee on Atomic Energy, 5258. 

(335) 



336 

Public Law 84-337— H.R. 7684 

To authorize the Atomic Energy Commission to pay the salary of a Commissioner 
during the recess of the Senate, and for other purposes 

(Page references are to Congressional Record, 84th Cong., 1st sess.) 

Mr. Durham : Joint Committee on Atomic Energy, 11942. 

Reported (H. Rept. 1552), 11940. 

Passed House, 12147. 

Passed Senate (in lieu of S. 2671), 12253. 

Examined and signed, 12591, 12745. 

Presented to the President, 13076. 

President returns bill pursuant to House Concurrent Resolution 196, 13072. 

Examined and signed, 12963, 13077. 

Presented to the President, 13079. 

Approved (Public Law 337), 13081. 

Companion bill— S. 2671 

Mr. Anderson; from Joint Committee on Atomic Energy (S. Rept. 1198), 11753. 

Ordered placed on the calendar, 11753. 

Passed Senate, 12231. 

Vote reconsidered, 12231. 

Indefinitely postponed (H.R. 7684 passed in lieu), 12253. 



Public Law 84-722— H.R. 11926 

To amend the Atomic Energy Act of 1954, to permit the negotiation of commercial 
leases at atomic energy communities, and for other purposes 

CPage references are to Congressional Record, 84th Cong., 2d sess.) 

Mr. Dempsey ; referred to Joint Committee on Atomic Energy, 9883. 

Reported (H. Rept. 2431), 9882. 

Passed House, 9937. 

Received in Senate and referred to Joint Committee on Atomic Energy, 9989. 

Reported (S. Rept. 2384), 10118. 

Objected to, 10453. 

Passed Senate, 10606. 

Examined and signed, 10857, 10930. 

Presented to President, 11064. 

Approved (Public Law 722), 11745. 



Public Law 84-1006— S. 4203 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes 

Amends ,sections 11a, 31, 161 of the Atomic Energy Act of 1954, as amended, 
adds new sections 229, 230, and 231, and adds perfecting amendment to several 
sections of the Atomic Energy Act. 

(Page references are to Congressional Record, 84th Cong., 2d sess.) 

Mr. Anderson ; reported from Joint Committee on Atomic Energy (S. Rept. 2530), 

11091. 
Objected to, 11624. 
Passed Senate, 12062. 

Passed House (in lieu of H.R. 12215) , 13599. 
Examined and signed, A6459. 
Presented to President, A6460. 
Approved (Public Law 1006), A6462. 

Companion bill— H.R. 12215 

Mr. Durham ; referred to Joint Committee on Atomic Energy, 11424. 

Reported (H. Rept. 2695), 11424. 

Laid on table and S. 4203 passed in lieu, 13599. 



337 

Public Law 85-14— H.R. 5866 (71 Stat. 11) 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes 

Provides that the President may authorize the Atomic Energy Commission 
to enter into an agreement for cooperation with the Federal Republic of Ger- 
many on behalf of Berlin. 

(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Cole ; Joint Committee on Atomic Energy, 3535. 

Reported (H. Kept. 228), 4444. 

Passed House, 4434. 

Referred to Joint Committee on Atomic Energy, 4461. 

Committee discharged and passed Senate, 4750. 

Examined and signed, 4829, 4951. 

Presented to the President, 5002. 

Approved (Public Law 85-14), 6125. 

Companion bill — S. 1549 

Mr. Pastore ; Joint Committee on Atomic Energy, 3434. 
Reported (S. Rept. 191), 4464. 
Indefinitely postponed, 4750. 

Public Law 85-79— S. 2243 (71 Stat. 274) 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes 

Amends section 261 with respect to authorization of appropriations. 

(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Anderson ; Joint Committee on Atomic Energy, 8573. 

Reported with amendments (S. Rept. 437), 9071. 

Amended and passed Senate, 9635. 

Rules suspended, passed House, 10150. 

Examined and signed, 10308, 10402. 

Presented to the President, 10370. 

Approved (Public Law 85-79), 10931. 

Companion bill— H.R. 7992 

Mr. Durham of North Carolina ; Joint Committee on Atomic Energy, 8564. 
Reported with amendments (H. Rept. 571), 9225. 
Laid on the table, 10150. 

Public Law 85-162— H.R. 8996 (71 Stat. 403) 

To authorize appropriations for the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes 

Amends section 161 of Atomic Energy Act of 1954. 

(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Durham ; Joint Committee on Atomic Energy, 13221. 

Reported (H. Rept. 978). 13533. 

Made special order, 14102. 

Debated, 

Amended and passed House, 14261. 

Ordered placed on Senate Calendar, 14315. 

Objected to, 14389. 

Amended and passed Senate, 15057. 

Senate insists on its amendment and asks for conference, 15057. 

Conferees appointed, 15057. 

House disagrees to Senate amendment and agrees to a conference, 151S2. 

Conferees appointed, 15182. 



338 

Conference report submitted in Senate and agreed to, 15310, 15314. 
Conference report submitted in House and agreed to, 15387. 
Examined and signed, 15367, 15503. 
Presented to tbe President, 15544. 
Approved (Public Law 85-162), 16511. 

Companion bill— S. 2674 

Mr. Anderson ; Joint Committee on Atomic Energy, 13091. 
Reported (S. Kept. 791), 13424. 
Objected to, 13587, 14377. 
Debated, 14913, 15002, 15032. 
Indefinitely postponed, 15057. 

Public Law 85-177— H.R. 8992 (71 Stat. 453) 

To provide for the appointment of representatives of the United States in the 
organs of the International Atomic Energy Agency, and to make other provi- 
sions with respect to the participation of the United States in that Agency, 
and for other purposes 

Amends section 54 of the Atomic Energy Act of 1954. 
(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Price, of Illinois ; Joint Committee on Atomic Energy, 13220. 

Reported (H. Rept. 960) ; 13220. 

Made special order (H. Res. 390), 14102. 

Debated, amended, and passed House, 14106. 

Ordered placed on Senate Calendar, 14171. 

Amended and passed Senate, 14228. 

House disagrees to Senate amendment and asks for conference, 14617. 

Conferees appointed, 13272. 

Senate insists upon its amendments and agrees to conference, 14710. 

Conferees appointed, 14710. 

Conference report submitted in Senate and agreed to, 15178. 

Conference report submitted in House and agreed to, 15369. 

Examined and signed, 15367, 15503. 

Presented to the President, 15544. 

Approved (Public Law 85-177), 16512. 

Companion bill— S. 2673 

Mr. Pastore ; Joint Committee on Atomic Energy, 13091. 
Introduced and reported (S. Rept. 778), 13091. 
Ordered placed on the Calendar, 13091. 
Objected to, 13584. 
Indefinitely postponed, 14229. 



Public Law 85-256— H.R. 7383 (71 Stat. 576) 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes 

Provides for a program of Government indemnification and limitation of lia- 
bility, and establishes an Advisory Committee on Reactor Safeguards. 

(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Price, of Illinois : Joint Committee on Atomic Energy, 6722. 

Reported (H. Rept. 435), 6721. 

Made special order, 10704. 

Passed House (debate started), 10710. 

Ordered placed on Senate Calendar, 10757. 

Objected to. 10979, 13553, 14376. 

Amended and passed Senate, 15057. 



339 

House concurs, 15182. 
Examined and signed, 15271, 15406. 
Presented to the President, 15678. 
Approved (Public Law 85-256), 16783. 

Companion bill— S. 2051 

Mr. Anderson ; Joint Committee on Atomic Energy, 6655. 

Reported ( S. Rept. 296) , 6655. 

Ordered placed on Senate Calendar, 6655. 

Objected to, 7379, 10975, 13553. 

Indefinitely postponed, 15057. 

Public Law 85-287— H.R. 8994 (71 Stat. 612) 

To amend the Atomic Energy Act of 1954, as amended, to increase the salaries 
of certain executives of the Atomic Energy Commission, and for other purposes 

Increases the salaries of certain executives of the Atomic Energy Commission 
and authorizes the Commission to establish certain additional executive posi- 
tions and advisory committees. 

(Page references are to the Congressional Record, 85th Cong., 1st sess.) 

Mr. Durham, of North Carolina ; Joint Committee on Atomic Energy, 13220. 

Reported (H. Rept. 977), 13533. 

Passed House, 15969. 

Ordered placed on Calendar, 16000. 

Passed Senate, 16496. 

Examined and signed, 16659, 16779. 

Presented to the President, 16782. 

Approved (Public Law 85-287 ), 167S4. 

Companion bill — ^S. 2672 

Mr. Anderson ; Joint Committee on Atomic Energy, 13091. 
Reported (S. Rept. 790), 13424. 
Objected to, 13587, 14377, 15290. 
Debated, 15624. 



Public Law S5-479— H.R. 12716 

Amends sections 91, 92, 123, and 144 of the Atomic Energy Act of 1954, as 
amended, to provide for greater exchange of military information and material 
with allies. 

(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

H.R. 10348 introduced by Mr. Durham (by request). January 29, 1958. Referred 
to Joint Committee on Atomic Energy, 1305. 

H.R. 11426 introduced by Mr. Durham (by request). March 13, 1958. Referred 
to Joint Committee on Atomic Energy, 4369. 

H.R. 12716 introduced by Mr. Durham as "clean bill." May 28, 1958. Referred 
to Joint Committee on Atomic Energy, 9768. 

Reported (H. Rept. 1849) on June 5, 1958, 10344. 

Made special order (H. Res. 596, H. Rept. 1893). June 17, 1958, 11777. 

Passed House. June 19, 1958, 11788. 

Amended and passed Senate. June 23, 1958, 11940. 

Senate insists on amendments, requests conference, and conferees appointed 
June 23, 1958, 11941. 

House disagrees to Senate amendments, agrees to conference and appointed con- 
ferees. June 24, 1958, 121 OS. 

Conference Report 2051 filed in House and agreed to. June 27, 1958, 12559. 

Conference report agreed to in Senate. June 30, 1958, 12586. 

Examined and signed, 12746, 12S70. 



340 

Presented to the President, 12903. 

Approved as Public Law 85^79. July 2, 1958, 13014. 

Companion bill— S. 3912 

S. 3165 introduced by Senator Pastore (by request). January 27, 1958. Referred 

to Joint Committee on Atomic Energy, 1149. 
S. 3474 introduced by Senator Pastore (by request). March 13, 1958. Referred 

to Joint Committee on Atomic Energy, 4308. 
S. 3912 introduced as "clean bill" by Senator Pastore (for himself and Senator 

Hickenlooper). May 27, 1958. Referred to Joint Committee on Atomic Energy, 

9537. 
Reported (S. Rept. 1654). June 5, 1958, 10233. 

Amendments intended to be offered by Senator Anderson, June 19, 1958, 11674. 
Passed over, 11906. 
Debated, 11926. 
Indefinitely postponed. (H.R. 12716 passed in lieu). June 23, 1958, 11941. 



Public Law 85-602— S. 4165 

Amends subsection 11 o. and adds a new subsection 170 1. pertaining to indem- 
nity agreement for the NS Savannah. 

(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

S. 3106 introduced by Senator Magnuson (for himself and Senator Bricker). 

July 23, 1958. Referred to the Senate Committee on Interstate and Foreign 

Commerce, 774. 
Reported (S. Rept. 1341) without amendment and with the recommendation that 

bill be re-referred to the Joint Committee on Atomic Energy. March 3, 1958, 

3185. 
S. 3106 re-referred to the Joint Committee on Atomic Energy. March 3, 1958, 3185. 
S. 4165 introduced by Senator Anderson. July 21, 1958. Referred to the Joint 

Committee on Atomic Energy, 14336. 
Reported ( S. Rept. 1883) . July 22, 1958, 14537. 
Passed Senate. July 28, 1958, 15233. 
Rules suspended, passed House. July 29, 1958, 15458. 
Examined and signed, 15609, 15661. 
Presented to the President, 15728. 
Approved as Public Law 85-602. August 8, 1958. 

Companion bill— H.R. 13456 

H.R. 13309 introduced by Mr. Price. July 7, 1958. Referred to the Joint Committee 

on Atomic Energy, 13105. 
H.R 13456 introduced by Mr Price. July 18, 1958. Referred to the Joint Committee 

on Atomic Energy, 14322. 
Reported (H. Rept. 2253). July 22, 1958, 14668. 
Indefinitely postponed (S. 4165 passed in lieu). July 28-29, 1958, 15458. 



Public Law 85-681— H.R. 13482 

Amends sections 53, 68, 123, 145, 161, and 166 of the Atomic Energy Act of 1954, 
as amended (AEC "Omnibus Bill" of 1958). 

(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

H.R. 12603 introduced by Mr. Holifield (amends sec. 68; incorporated as sec. 3 

of Public Law 85-681). May 21, 1958. Referred to Joint Committee on Atomic 

Energy, 9246 
H.R. 13120 introduced by Mr. Durham (by request). June 25, 1958. Referred to 

Joint Committee on Atomic Energy, 12264. 
H.R. 13482 introduced by Mr. Durham as a "clean bill." July 21, 1958. Referred 

to Joint Committee on Atomic Energy, 14524. 



341 

Reported (H. Kept. 2272). July 24, 1958, 15026. 

Rules suspended, passed House. July 29, 1958, 15486. 

Ordered placed on Senate Calendar. July 30, 195S, 15564. 

Passed Senate. August 5, 1958, 16188. 

Examined and signed, 16479, 16487. 

Presented to the President, 16766. 

Approved as Public Law 85-681. August 19, 1958, 16933. 

Companion bill— S. 4166 

S. 3881 introduced by Senator Anderson. May 22, 1958. Referred to Joint Com- 
mittee on Atomic Energy, 9265. 

S. 4048 introduced by Senator Anderson (by request). June 24, 1958. Referred to 
Joint Committee on Atomic Energy, 12061. 

S. 4166 introduced by Senator Anderson as "clean bill." July 21, 1958. Referred 
to Joint Committee on Atomic Energy, 14366. 

Reported ( S. Rept. 1944) . July 24, 1958, 14855. 

Indefinitely postponed (H.R. 13482 passed in lieu). August 5, 1958, 16189. 



Public Law 85-744— H.R. 13455 

Amends section 170 of the Atomic Energy Act of 1954, as amended, by adding 
new subsection k with respect to indemnity agreements for nonprofit educational 
activities. 

(Page references are to the Congressional Record, 85th Cong., 2d sess.) 

H.R. 13190 introduced by Mr. Price. June 27, 1958. Referred to Joint Committee 
on Atomic Energy, 12567. 

H.R. 13455 introduced by Mr. Price as "clean bill." July 18, 1958. Referred to 
Joint Committee on Atomic Energy, 14322. 

Reported (H. Rept. 2250) . July 22, 1958, 14668. 

Rules suspended, passed House. July 29, 1958, 15457. 

Amended and passed Senate. August 5, 1958, 16187. 

Senate insists on amendments, requests conference and conferees appointed, 
16188. 

House disagrees to Senate amendments, agrees to conference, and conferees ap- 
pointed. August 6, 1958, 16398. 

Conference Report 2585 filed in House. August 13, 1958, 17479. 

Conference Report 2585 agreed to in House. August 14, 1958, 17640. 

Conference Report 2585 agreed to in Senate. August 14, 1958, 17569. 

Examined and signed, 17750. 

Presented to the President, 18378. 

Approved as Public Law 85-744. August 23, 1958, 17569. 

Companion bill — S. 4164 

S. 4069 introduced by Senator Anderson. Referred to Joint Committee on Atomic 

Energy. June 27, 1958, 11263. 
S. 4164 introduced by Senator Anderson. Referred to Joint Committee on Atomic 

Energy. July 21, 1958, 13063. 
Reported (S. Rept. 1882). July 22, 1958, 13261. 
Indefinitely postponed (H.R. 13455 passed in lieu). August 5, 1958, 14834. 



Public Law 86-43— S. 1197 

Amends section 251 of the Atomic Energy Act of 1954, as amended, to provide 
for the submission by the Atomic Energy Commission of an annual rather than 
a semiannual report to Congress. Report to be submitted in January of each 
year. 

(Page references are to the Congressional Record, S6th Cong., 1st sess.) 

S. 1197 introduced by Senator Anderson and referred to the Joint Committee on 
Atomic Energy. February 26, 1959, 2978. 



342 

Reported (S. Kept. 230). April 27, 1959, 6752. 

Passed Senate. April 29, 1959, 6982. 

Passed House. June 2, 1959, 9587. 

Examined and signed. June 3, 1959, 9671, 9755. 

Presented to the President. June 3, 1959, 9695. 

Approved (Public Law 86-43). June 11, 1959, 10617. 

Companion bill— H.R. 5104 

Introduced by Mr. Durham and referred to the Joint Committee on Atomic 

Energy. March 2, 1959, 3177. 
Reported (H. Rept. 327). April 29, 1959, 7106. 
Identical bill (S. 1197) passed in lieu of. June 2, 1959, 9587. 



Public Law 86-300— S. 2569 (AEC Omnibus Bill of 1959) 

Amends section 161 m. of the Atomic Energy Act of 1954, as amended, to 
authorize the AEC to enter into agreements for the performance by the Com- 
mission of certain services, including the reprocessing of irradiated fuel ele- 
ments for material licensees (reactor manufacturers and fuel suppliers) as well 
as with facility licensees (reactor operators and utilities) as previously author- 
ized. 

Amends section 163 of the Atomic Energy Act of 1954, as amended, to pro- 
vide, in substance, that members of the General Advisory Committee and other 
AEC advisory committees will not be subject to certain conflict-of-interest stat- 
utes solely because of compensation received from nonprofit educational insti- 
tutions. 

(Page references are to the Congressional Record, 86th Cong., 1st sess.) 

S. 2569 introduced by Senator Anderson and referred to the Joint Committee on 

Atomic Energy. August 19, 1959, 16306. 
Hearings: Full committee, August 26, 1959. Published under title of "Bills to 

Amend Sections 91, 161 and 163 of the Atomic Energy Act and Authorization 

of the Stanford Accelerator Project." 
Reported with amendments (S. Rept. 871). September 1, 1959, 17469. 
Passed Senate. September 9, 1959, 18732. 
Passed House. September 11, 1959, 19168. 
Examined and signed. September 12, 1959, 19443 
Examined and signed by the Speaker, September 14, 1959, 19748. 
Presented to the President. September 14, 1959, 19668. 
Approved (Public Law 86-300). September 21, 1959, 19689. 

Companion bill — H.R. 8754 

H.R. 8754 introduced by Mr. Durham and referred to the Joint Committee on 

Atomic Energy. August 20, 1959, 16621. 
Reported with amendments (H. Rept. 1124). September 2, 1959. 17799. 
S. 2569 passed in lieu of H.R. 8754. September 11, 1959, 19168. (H.R. 8754 not 

considered.) 



Public Law 86-373— S. 2568 

To amend the Atomic Energy Act of 1954, as amended, by adding a new section 
274 with respect to cooperation with States 

(Page references are to the Congressional Record, 86th Cong., 1st sess.) 

S. 1987 introduced by Senator Anderson (by request) and referred to JCAE. 
May 19, 1959, 8379. 

Hearings: Full committee, May 19, 20, 21, and 22, 1959. Published under title 
of "Federal-State Relationships in the Atomic Energy Field." 

Also: Joint Committee Print, "Selected Materials on Federal-State Relation- 
ships in the Atomic Energy Field." 



343 

S. 2568 introduced by Senator Anderson and referred to JCAE. "Clean bill" 

superseding S. 19S7. August 18, 1959, 16306. 
Reported in Senate (with amendments) (S. Kept. 870). September 1, 1959, 

17469. 
Passed over in Senate on call of calendar as not properly calendar business. 

September 9, 1959, 18732. 
Considered in Senate. September 10, 1959, 18965. 18966. 
Passed Senate by voice vote. September 11, 1959, 19042. 
Passed House. September 11, 1959, 19169. 

Examined and signed by President of Senate. September 12, 1959, 19443. 
Examined and signed by Speaker; presented to President. September 14, 1959, 

1974S, 1966S. 
Approved by the President (Public Law 86-373.) September 23, 1959, 19690. 

Companion bill — H.R. 8755 

H.R. 7214 introduced by Mr. Durham (by request) and referred to JCAE. 

May 18, 1959, 8365. 
H.R. 8755 introduced by Mr. Durham as "clean bill" and referred to JCAE. 

August 20. 1959, 16621. 
Reported (with amendments) in the House (H. Rept. 1125). Committed to the 

Committee of the Whole House on the State of the Union. September 2, 1959, 

17799. 
Identical bill (S. 2568) passed in lieu of H.R. 8755. September 11, 1959. 



Public Law 87-206— H.R. S599 

To amend various sections of the Atomic Energy Act of 1954, as amended, and 
the Euratom Cooperation Act of 1958, and for other purposes 

(Page references are to Congressional Record, 87th Cong., 1st sess.) 

H.R. 779S introduced by Mr. Holifield on June 21, 1961, 10166. 

Hearings : Subcommittee on Legislation, June 27 and 29. 1961. 

Hearings published under the title "AEC Omnibus Bill, 1961, and an Amendment 
to Section 170 of the Atomic Energy Act." 

H.R. 8599 introduced on August 9, 1961, by Mr. Holifield as a clean bill super- 
seding H.R. 7798, 14260. 

Reported with amendment August 16, 1961 (H. Rept. Xo. 963), 15016. 

Rule suspended and H.R. 8599 passed House. August 22, 1961, 15512-16. 

Passed Senate in lieu of S. 2391. August 24, 1961, 15853-57. 

Examined and signed by Speaker of the House. August 28, 1961, 16187. 

Examined and signed by Acting President pro tempore of the Senate August 28, 
1961. 

Presented to the President August 29, 1961, 16332. 

Approved by the President September 6, 1961 (Public Law 87-206). 

Companion bill— S. 2391 

S. 2117 introduced by Senator Pastore and referred to Joint Committee on 
Atomic Energy June 21, 1961. 

Hearings : Listed above. 

S. 2391 introduced by Senator Pastore on August 9, 1961 as clean bill super- 
seding S. 2117. 

Reported in Senate on August 16, 1961. S. Rept. 722. 

S. 2391 postponed indefinitely and H.R. 8599 passed on lieu thereof on August 24, 
1961, 15S53-57. 



Public Law 87-456— H.R. 10607 

To amend the Tariff Act of 1930 and certain related laws to provide for the 
restatement of the tariff classification provisions, and for other purposes 

H.R. 10607 introduced by Mr. Mills (per Executive order) March 8. 1962. 
Reported from Ways and Means Committee March 10, 1962 (H. Rept. Xo. 1415). 



344 



Passed the House March 14, 1962. 

Referred in the Senate to Committee on Commerce. 

Reported from Commerce Committee April 2, 1962. 

Passed the Senate with amendments April 10, 1962. 

House agrees to Senate amendments May 9, 1962. 

Approved by the President May 24, 1962, as Public Law 87-456. 



Public Law 87-615— S. 3491 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes. 
(AEC Omnibus bill of 1962) 

(Page references are to the Congressional Record, 87th Cong., 2d sess.) 

S. 3491 introduced by Senator Pastore on June 29, 1962, 11377. 

Hearings : Subcommittee on Research, Development and Radiation, April 10 and 
11, 1962, published under title of "Indemnity and Reactor Safety." Subcom- 
mittee on Legislation, April 17, 1962, published under title of "AEC Regulatory 
Problems." 

S. 3491 reported in Senate July 5, 1962 (S. Rept. No. 1677), 11851. 

S. 3491 considered by Senate on August 7, 1962, 14727-28. Passed as amended 
by voice vote. 

S. 3491 considered by House on August 15, 1962. Passed House in lieu of H.R. 
12336, 15513-17. 

Examined and signed by Speaker, August 16, 1962, 15670. 

Examined and signed by President of Senate, August 16, 1962, 15683. 

Presented to the President, August 17, 1962, 15894. 

Approved by the President on August 29, 1962. Public Law 87-615. 

Companion bill— H.R. 12336 

H.R. 12336 introduced June 27, 1962, by Mr. Holifield, 11137. 

Hearings : As listed above. 

H.R. 12336 reported in House July 5, 1962 (H. Rept. No. 1966), 11851. 



Public Law 88-72— S. 1745 

To authorize appropriations for the Atomic Energy Commission in accordance 
with section 261 of the Atomic Energy Act of 1954, as amended, and for other 
purposes 

(Page references are to the daily editions of the Congressional Record, 88th 

Cong., 1st sess.) 

S. 1159, introduced March 21, 1963, by Senator Pastore (by request), 4389. 
Hearings : Subcommittee on Legislation, April 9, 10, and May 2, 1963. Published 

under title "AEC Authorizing Legislation Fiscal Year 1964." 
S. 1745, introduced June 19 by Senator Pastore as a "clean bill," superseding 

S. 1159, 10460. 
H.R. 7139 (companion bill), reported in House, June 21, 1963 (H. Rept. 446), 

10809. 
S. 1745, reported in Senate, June 21, 1963 ( S. Rept. 303) , 10673. 
S. 1745, considered and passed in Senate by voice vote, 10929-32. 
S. 1745, considered and passed in House by voice vote, 11500-511. 
Examined and signed by President pro tempore of Senate, July 11, 11739. 
Examined and signed by Speaker of House, July 11, 11811. 
Presented to the President, July 11, 11741. 
S. 1745, approved by the President, July 22, as Public Law 88-72. 

Companion bill— H.R. 7139 

H.R. 5036, introduced March 21, 1963, by Mr. Holifield (by request), 4384. 

Hearings : As listed above. 

H.R. 7139, introduced June 19 as "clean bill" by Mr. Holifield, 10604. 



345 

Public Law SS-294— S. 2448 

To amend the Atomic Energy Act of 1954. (Amends sec. 202) 

(Page references are to the daily editions of the Congressional Record, 88th 

Cong., 2d sess.) 

S. 24-18 introduced by Senator Pastore on January 22, 1964, 767. 

H.R. 9711 (companion bill) introduced by Mr. Holifield on January 22, 1964, 929. 

Senate Report tiled (S. Rept. Xo. 377) February 25, 1964, 3310. 

House Report filed (H. Rept. Xo. 1151) February 25, 1964, 3 ;'.»•".. 

S. 2448 considered and passed in Senate February 26, 1964, 3550-51. 

H.R. 9711 passed over in House March 2, 1964, 3867 ; again on March 16, 1964, 

5113. 
S. 2448 considered (in lieu of H.R. 9711) and passed in House under Susi>en<i<>n 

of the Rules on March 16, 1964, 5115-17. 
Examined and signed by Speaker of the House, March 17, 1964, 5235. 
Examined and signed by President pro tempore of the Senate, March 17, 1964, 

5235. 
Presented to the President March 18, 1964, 5396. 
S. 2448 approved by the President March 26, 1964 as Public Law 88-294. 

Companion Bill— H.R. 9711 

H.R. 9711 introduced by Mr. Holifield on January 22. V.mi. 929. 

H.R. 9711 passed over in House March 2, 1964, 3867 ; again on March 16, 1964, 

5113. 
H.R. 9711 laid on table March 16, 1964, 5113. 



Public Law 88-394— S. 2963 

To amend the Atomic Energy Act of 1954, as amended, the Atomic Energy Com- 
munity Act of 1955, as amended, and the EURATOM Cooperation Act of 1958, 
as amended ( AEC omnibus bill of 1964 ) 

(Page references are to the daily editions of the Congressional Record, 88th 

Cong., 2d sess.) 

S. 1795 introduced by Senator Pastore (by request) June 26, 1963, 11005. 

H.R. 7300 (companion bill) introduced by Mr. Holifield (by request) June 26, 

1963, 11152. 

Hearings : July 17, 1963, before Subcommittee on Legislation. 

S. i^si6 introduced by Senator Pastore (by request) May 7, 1964, 10000. 

H.R. 11180 (companion bill) introduced by Mr. Holifield (by request) Mav 7, 

1964, 9997. 

Hearings : May 19. 1964, before Subcommittee on Legislation. 

S. 2963 introduced by Senator Pastore as "clean bill" to supersede S. 2S16, 
June 29, 1964, 14884. 

H.R. 11S32 (companion bill) introduced by Mr. Holifield as "clean bill" to super- 
sede H.R. 11180, June 29, 1964, 14884. 

Senate Report filed (S. Rept. Xo. 1128) June 29, 1964, 14884. 

House Report filed (H. Rept. Xo. 1525), June 29, 1964, 14884. 

S. 2963 considered and passed in Senate July 8, 1964, 15554-6. 

S. 2963 considered and passed in House under Suspension of the Rules July 21, 
1964. 15933-S. 

Examined and signed by President pro tempore of the Senate July 23, 1964, 16115. 

Examined and signed by the Speaker of the House, July 22, 1964, 16016. 

Presented to the President, July 23, 1964, 16256. 

S. 2963 approved by the President August 1, 1964, as Public Law 88-394. 

Companion bill— H.R. 11832 

H.R. 7300 introduced by Mr. Holifield (by request) June 26, 1963, 11152. 
H.R. 111S0 introduced by Mr. Holifield (by request) May 7, 1964, 9997. 






65-234— 7G- 



346 

H.R. 11832 introduced by Mr. Holifield as "clean bill" to supersede H.R. 11180, 

June 29, 1964, 14884. 
Hearings : As listed above. 



Public Law 88-^26— H.R. 11049 

To adjust the rates of basic compensation of certain officers and employees in 
the Federal Government, and for other purposes 

(Page references are to the daily editions of the Congressional Record, 
88th Cong., 2d sess.) 

H.R. 11049 introduced by Mr. Morrison and referred to House Post Office and 

Civil Service Committee. 
Reported in the House May 11, 1964 (H. Rept. No. 1388). 
Passed House June 11, 1964. 

Referred in Senate to Post Office and Civil Service Committee. 
Reported in the Senate June 26, 1964 (S. Rept. No. 1121). 
Passed Senate with amendment July 2, 1964. 
Senate asks for conference July 2, 1964. 
House agrees to conference July 30, 1964 (H. Res. 803). 
Conference report filed August 3, 1964 (Rept. No. 1647). 
House agrees to conference report August 4, 1964. 
Senate agrees to conference report August 4, 1964. 
Approved by the President August 14, 1964 (Public Law 88-426). 



Public Law 88-489 (S. 3075) 

To amend the Atomic Energy Act of 1954, as amended, and for other purposes 
(Private Ownership of Special Nuclear Materials Act) 

(Page references are to the daily editions of the Congressional Record, 
88th Cong., 2d sess.) 

S. 1160 introduced by Senator Pastore (by request) March 21, 1963, 4389. 
H.R. 5035 (companion bill) introduced by Mr. Holifield (by request) March 21, 
1963, 4384. 

1963 Hearings held July 30, 31, and August 1, 1963 before Subcommittee on 
Legislation. 

1964 Hearings held June 9-11, 15, 25, 1964 before Subcommittee on Legislation. 
S. 3075 introduced by Senator Pastore as "clean bill" to supersede S. 1160, 

August 4, 1964, 17374. 

H.R. 12228 (comDanion Bill) introduced by Mr. Holifield as "clean bill" to super- 
sede H.R. 5035, August 4, 1964, 17370-1. 

Senate Report filed (S. Rept. No. 1325) August 5, 1964, 17374. 

House Report filed (H. Rept. No. 1702) August 5, 1964, 17370-1. 

S. 3075 considered and passed in Senate August 6, 1964, 17851-53. 

S. 3075 considered and passed in House under Suspension of the Rules August 
18, 1964, 19514-19. 

Examined and signed by Speaker of the House August 19, 1964, 19736. 

Examined and signed by President pro tempore of the Senate August 20, 1964, 
19905. 

Presented to the President, August 21, 1964, 20281. 

Approved by the President August 26, 1964, as Public Law 88-^89. 

Companion bill— H.R. 12228 

H.R. 5035 introduced by Mr. Holifield (by request) March 21, 1963. 

H.R. 12228 introduced by Mr. Holified as "clean bill" to supersede H.R. 5035, 

August 4, 1964, 17370-1. 
Hearings : As listed above. 



347 

Public Law 89-135— H.R. 8856 
To amend section 271 of the Atomic Energy Act of 1954, as amended 

(Page references are to the daily editions of the Congressional Record, 
89th Cong., 1st sess.) 

H.R. 8843 introduced by Mr. Holifield and referred to .TCAE. May 25, 1965, 11197. 
H.R. 8844 introduced by Mr. Hosmer and referred to JCAE, May 25, 1965, 11197. 
Hearings : May 27 and June 2, 1965, before Subcommittee on Legislation. 
H.R. 8856 introduced by Mr. Holifield as a "clean bill" and referred to JCAE, 

June 8, 1965, 12428. 
H.R. 8857 introduced by Mr. Hosmer as a "clean bill" and referred to JCAE, 

June 8, 1965, 12428. 
H.R. 8856 reported (H. Rept. 567). June 30, 1965, 14764. 
Motion to suspend House rules defeated. July 12, 1965, 15761. 
Passed House. July 29, 1965, 17992. 
Passed Senate. August 10, 1965, 19087. 

Examined and signed by the Speaker of the House August 11, 1965, 19252. 
Examined and signed by the President pro tempore of the Senate, August 12, 1965, 

19399. 
Presented to the President August 12, 1965, 19635. 
Approved as Public Law 89-135. August 24, 1965. 

Companion bill— S. 2103 

S. 2035 introduced by Senator Pastore (for himself and Senator Hickenlooper) 

and referred to JCAE. May 25, 1965, 11083. 
Hearings : As listed above. 
S. 2103 introduced by Senator Pastore (for himself and Senator Hickenlooper) 

and referred to JCAE. June 8, 1965, 12338. 
Reported ( S. Rept. 390) . July 30, 1965, 14790. 
Indefinitely postponed (identical bill H.R. 8856 passed in lieu of). August 10, 

1965, 19087. 

Public Law 89-210— S. 2042 

To amend section 170 of the Atomic Energy Act of 1954, as amended 

(Page references are to the daily editions of the Congressional Record, 
89th Cong., 1st sess.) 

S. 2042 introduced by Senator Anderson and referred to JCAE, May 26, 1965, 

11392. 
Hearings : June 22-24, 1965, before Subcommittee on Legislation. 
Reported ( S. Rept. 650) . August 26, 1965, 21165. 
Passed Senate with technical amendments. August 31, 1965, 21461. 
Passed House as amended by Senate, September 16, 1965, 23179. 
Examined and signed by Vice President* and Speaker, 23429. 
Presented to the President, 23526. 
Approved as Public Law 89-210. September 29, 1965, D 982. 

Companion bill — H.R. 8496 

H.R. 8496 introduced by Mr. Price and referred to JCAE, May 26, 1965, 11300. 
Hearings : As listed above. 

Reported (H. Rept. 883) . August 26, 1965, 21161. 

Indefinitely postponed (identical bill S. 2042 passed in lieu of). September 16, 
1965, 23180. 

*S. 2042 was inadvertently omitted in the Congressional Record on the list of bills 
signed by the Vice President on September 17, 1965, p. 23349. This omission will be 
corrected in the permanent Congressional Record. 



348 

Public Law 89-645— S. 3830 

To amend the xVtomic Energy Act of 1954, as amended 

(Page references are to the daily editions of the Congressional Record, 

89th Cong., 2d sess.) 

S. 3548 introduced by Senator Anderson and referred to JCAE, June 23, 1966 
13423, 13427. 

Hearings : July 19, 20, 21, 1966, before full Joint Committee on Atomic Energy. 
Published under title of "Proposed Amendments to Price- Anderson Act Relat- 
ing to Waiver of Defenses." 

S. 3830 introduced by Senator Anderson as a "clean bill'' and referred to JCAE, 
September 14, 1966, 21622. 

Reported (S. Rept. No. 1605) September 16, 1966, 21851. 

Amended and passed Senate, September 22, 1966, 22691-22693. 

Passed House, September 30, 1966, 23662-23665 (in lieu of H.R. 17685). 

Examined and signed by the Speaker of the House October 3, 1966, 23974. 

Examined and signed by the President pro tempore of the Senate, October 4, 
1966, 24077. 

Presented to the President October 4, 1966, 24083. 

Approved as Public Law 89-645. October 13, 1966, 26235. 

Companion bill — H.R. 17685 

H.R. 15913 introduced by Mr. Price and referred to JCAE, June 23, 1966, 13367, 

13404. 
Hearings : As listed above. 
H.R. 17685 introduced by Mr. Price as a "clean bill' and referred to JCAE, 

September 13, 1966, 21564. 
Reported (H. Rept. No. 2043) September 15, 1966, 21619. 
Indefinitely postponed (identical bill S. 3830 passed in lieu of). September 30, 

1966, 23665. 



Public Law 90-190— S. 2644 

To amend the Atomic Energy Community Act of 1955, as amended, the Atomic 
Energy Act of 1954, as amended, and the EURATOM Cooperation Act of 1958, 
as amended (AEC omnibus bill of 1967) 

(Page references are to the daily editions of the Congressional Record, 90th 

Cong., 1st sess.) 

S. 2644 introduced as "clean bill" by Senator Pastore and referred to JCAE, 
November 9, 1967, S16147. 

Hearings on predecessor bills : August 11, 15, and 24, 1967, before the Subcom- 
mittees on Communities and Legislation. 

Published under title of "AEC Omnibus Legislation — 1967." 

Reported (S. Rept. 743) November 13, 1967. 

Considered and passed in Senate, November 15, 1967, S16493. 

Considered and passed in House, November 30, 1967, 1116077-83; H16088 (in 
lieu of H.R. 13934). 

Examined and signed by the Speaker of the House, December 4, 1967, H16287. 

Examined and signed by the Vice President, December 5, 1967, S17854. 

Presented to the President, December 6, 1967, S17984. 

Approved as Public Law 90-190, December 14, 1967, D1134. 

Companion bill— H.R. 13934 

H.R. 13934 introduced as "clean bill" by Mr. Holifield and referred to JCAE, 

November 9, 1967, H15055. 
Hearings : As listed above. 

Reported (H. Rept. 911) November 9, 1967, HI 5055. 
Indefinitely postponed (identical bill S. 2644 passed in lieu of). November 30, 

1967, H16077-S3 ; H16088. 



349 

Public Law 01-161— S. 31G9 
To amend the Atomic Energy Act of 1954, as amended, and for other purposes 

(Page references are to the daily editions of the Congressional Record, 91st Cong., 

1st sess.) 

S. 31G9 introduced as "clean" bill by Senator Past ore and referred to JCAE, 

November 21, 1969, S14825. 
Hearings : September 12, 19(59, before full Joint Committee on Atomic Energy. 

Published under title of "AEC Omnibus Legislation— 1969.'' 
Reported (S. Rept. 91-533), November 24, 1969, S14903. 
Considered and passed in Senate, December 1, 1969, S15157. 
Considered and passed in House (Suspension of Rules), December 15, 1969, 

H12434 (in lieu of H.R. 14925). 
Examined and feigned by the Speaker of the House, December 17, 1969, H12686. 
Examined and signed by the Vice President, December 17, 1969, S16967. 
Presented to the President, December 19, 1969, SI 7333. 
Approved as Public Law 91-161, December 24, 1969. 

Companion Bill— H.R. 14925 

H.R. 14925 introduced bv Mr. Holifield (for himself, Mr. Price, and Mr. Hosmer ), 

and referred to JCAE, November 20, 1969, H11273. 
Hearings : As listed above. 

Reported (H. Rept. No. 91-691), November 24, 1969, H11355. 
Indefinitely postponed (identical bill S3169 passed in lieu of), December 15, 1969, 

H12434. 



Public Law 91-452— S. 30 
Relating to the control of organized crime in the United States 

(Page references are to the daily editions of the Congressional Record, 91st Cong., 

2d sess.) 

S. 30 introduced January 15. 1969, and referred to Committee on the Judiciary. 

Hearings : March 18, 19, 25, 26 : June 3, 4, 1969, before Subcommittee on Criminal 
Laws and Procedures, Committee on the Judiciary. 

Reported (S. Rept. 91-617), January 23, 1970, with amendment. 

Considered and passed in Senate, January 23, 1970, S4S1, October 30, 1970, S17776. 

Hearings : May 20. 21, 27 ; June 10, 11, 17 ; July 23 : August 5, 1970, before Sub- 
committee No. 5, House Committee on the Judiciary. 

Reported (H. Rept. 91-1549), September 30, 1970, with amendment. 

Considered and passed in House, October 7, 1970, H9779. 

Approved by the President as Public Law 91-452, October 15, 1970. 



Public Law 91-560— H.R. 18679 

To amend the Atomic Energy Act of 1954, as amended, to eliminate the require- 
ment for a finding of practical value, and for other purposes 

(Page references are to the daily editions of the Congressional Record, 91st Cong., 

2d sess.) 

H.R. 18679 introduced as "clean" bill by Mr. Holifield (for himself, Mr. Price 
and Mr. Hosmer) and referred to JCAE July 28, 1970, H7330. 

Hearings: November 18-20, 1969; April 14-16 and June 16-17, 1970. before Full 
Joint Committee on Atomic Energy published under titles of "Prelicensing 
Antitrust Review of Nuclear Power Plants," Part 1, 1969, Part 2, 1970. and 
"Uranium Enrichment Pricing Criteria," 1970. 

Reported (H. Rept. No. 91-1470), September 24. 1970, H9259. 

Considered and passed in House, September 30, 1970, H9452 ; December 3, 1970, 
Senate amendment concurred in, H11087. 



350 

Considered and passed in Senate with amendment, December 2, 1970, S19257. 
Examined and signed by the Speaker of the House, December 7, 1970, H11297. 
Examined and signed by the Vice President, December 8, 1970, S19577. 
Presented to the President, December 8, 1970, H11472 [December 9]. 
Approved as Public Law 91-560, December 19, 1970. 

Companion Bill— S. 4141 

S. 4141 introduced by Senator Pastore and referred to JCAE, July 29, 1970, 

S12283. 
Hearings : As listed above. 

Reported (S. Rept. No. 91-1247), September 29, 1970, S16679. 
Identical bill H.R. 18679 passed in lieu thereof, with amendment, December 2, 

1970, S19257. 



Public Law 92-307— H.R. 14655 

To amend the Atomic Energy Act of 1954, as amended, to authorize the Com- 
mission to issue temporary operating business for nuclear power reactors 
under certain circumstances, and for other purposes. 

(Page references are to the daily edition of the Congressional Record, 92d Cong., 

2d sess.) 
H.R. 13731 introduced by Vice-Chairman Price, for himself, Mr. Holifield, Mr. 

Hosmer, Mr. Aspinall, and Mr. Hansen (by request), on March 9, 1972, and 

referred to the JCAE, H1954. 
H.R. 13732 introduced by Mr. Hosmer on March 9, 1972, and referred to the 

JCAE, HI 954. 
Hearings : March 16 and 17, 1972, before the Full Joint Committee on Atomic 

Energy. Published in two volumes under title "H.R. 13731 and H.R. 13732, to 

Amend the Atomic Energy Act of 1954 Regarding the Licensing of Nuclear 

Facilities." 
H.R. 14065 introduced by Mr. Holifield, for himself and others, on March 23, 

1972, H2472. 
H.R. 14655 introduced as "clean bill" by Mr. Holifield, for himself and all other 

House Members of the Joint Committee, on April 26, 1972, H3695. 
House Report (H. Rept. No. 92-1027) filed on April 27, 1972, H3748. 
Considered and passed in House without .amendment, May 3, 1972, H40^8. 
Considered and passed in Senate without amendment, May 17, 1972, S8064. 
Examined and signed by Speaker of the House, May 19, 1972, H4745. 
Examined and signed by the President Pro Tempore, Mav 24, 1972, S8314. 
Presented to the President, May 30, 1972, H5099. 
Approved as Public Law 92-307, June 2, 1972, H5315. 

Companion Bill— S. 3543 

S. 3543 introduced by Senator Anderson, for himself and Senator Aiken, on 

April 27, 1972, S6732. 
Hearings : As listed above. 

Senate Report (S. Rept. No. 92-787) filed on May 9, 1972, S7461. 
Identical bill H.R. 14655 passed in lieu of S. 3543, as indicated above. 



Public Law 93-377— S. 3669 

Index to Legislative History of Public Law 93-377 ( S. 3669) 

Page references are to the daily editions of the Congressional Record 93d Cong., 

2d sess.) 

8. 3669 introduced by Vice-Chairman Pastore on June 19, 1974, S10867. 
Hearings: Full Joint Committee on Atomic Energy, June 18, 1974. Related hear- 
ing by the Subcommittee on Agreements for Cooperation, April 30, 1974. 



351 

Reported (S. Rept. No. 93-989), July 9, 1974, S11923. 

Considered and passed in Senate, with a Committee amendment, July 11, 1974, 

S12272-74. 
Considered and passed in House, with the Committee amendment, August 1, 1974, 

H7505-16. 
Examined and signed by the Speaker of the House, August 5, 1974, H7694. 
Examined and signed by the President pro tempore of the Senate, August 5, 1974, 

S14313. 
Presented to the President, August 6, 1974, S14424. 
Approved as Public Law 93-377, August 17, 1974, S 15421. 

Companion Bill— H.R. 15416 

H.R. 15416 introduced by Chairman Price on June 17, 1974, H5167. 
Hearings : As listed above. 

Reported (H. Rept. No. 93-1155) , June 26, 1974, H5833. 
Identical bill, S. 3669, passed in lieu thereof, as indicated above. 



Public Law 93-514 (S. 3802) 

(Page references are to the daily editions of the Congressional Record, 93d 

Cong., 2d sess.) 

S. 3728 introduced by Senator Symington on July 8, 1974, S11834. 

S. 3802 introduced by Senator Symington as clean bill on July 24, 1974, follow- 
ing full Joint Committee consideration of S. 3728 on July 22, 1974. (S13300) 

Reported (S. Rept. No. 93-1228), October 4, 1974, S18274. 

Considered and passed by Senate without amendment, October 9, 1974, S18558. 

Considered and passed by the House, without amendment, November 25, 1974, 
H11023. 

Examined and signed by the President pro tempore of the Senate, November 25, 
1974, S19931. 

Examined and signed by the Speaker of the House, November 26, 1974, H11161. 

Presented to the President, November 26, 1974, S20098. 

Approved as Public Law 93-514, December 6, 1974, S20749. 

Companion bill— H.R. 16074 

H.R. 15891 introduced by Chairman Price, July 11, 1974, H6461. 

H.R. 16074 introduced as clean bill by Chairman Price, July 23, 1974, H6985. 

Reported (H. Rept. No. 93-1414), October 2, 1974, H9883. 

Identical bill, S. 3802 passed in lieu of H.R. 16074, as indicated above. 



Public Law 93-485 (S. 3698) 

(Page references are to the daily editions of the Congressional Record, 93d 

Cong., 2d sess.) 

S. 3698 introduced by Vice-Chairman Pastore (for himself and Senators Aiken, 

Jackson, Bennett, Symington, Dominick, Bible, Baker, Montoya) on June 25, 

1974, S11405. 
Reported (S. Rept. 93-964), June 25, 1974, S11404. 

Considered and passed by Senate, with an amendment, July 10, 1974, S12112-128. 
Considered and passed by the House, with differing amendment, July 31, 1974, 

H7432-50. 
Senate conferees appointed August 7, 1974, S14544. 
House conferees appointed August 8, 1974, H7967. 

Conference Report (H. Rept. No. 93-1299) filed in House, August 19, 1974, H8599. 
Conference Report considered and agreed to by the House, October 10, 1974, 

H 10357-64. 



352 

Conference Report considered and agreed to by the Senate, October 10, 1074, 

S18927. 
Examined and signed by the Speaker of the House, October 11, 1974, S18963. 
Examined and signed by the President pro tempore of the Senate, October 16, 

1974, S19186. 
Presented to the President, October 17, 1974, S19377. 
Approved as Public Law 93-485, October 26, 1974. 

Companion bill — H.R. 15582 

H.R. 15582 introduced by Chairman Price (for himself and Reps. Holifield, 

Hosmer and Young), June 25, 1974, H5733. 
Reported (H. Rept. No. 93-1149), June 25, 1974, H5733. 
Subsequent history is that of identical bill, S. 3898, as indicated above. 



Public Law 94-197 (H.R. 8G31) 

(Page references are to the daily editions of the Congressional Record, 
94th Congress, 1st Session) 

H.R. 8631 introduced by Mr. Price (for himself and Mr. Anderson of Illinois) 

(by request) on July 14, 1975, H6817. 
Hearings : Full Joint Committee on Atomic Energy, September 23 and 24, 1975. 

Published under the title of 'H.R. 8631 : To Amend and Extend the Price- 
Anderson Act". 
Markup: Full Joint Committee on Atomic Energy. October 31 and November 

6, 1975. Published under the title of "Open Markup on H.R. 8631 and S. 2568 : 

Price-Anderson Act Amendments". 
Reported with six technical amendments (H. Rept. No. 94-648) November 10, 

1975, H10908. 
Considered and passed by the House with one amendment December 8, 1975, 

H11926-57. 
Considered and passed by the Senate after striking all after the enacting clause 

and inserting in lieu thereof the language of Senate companion measure S. 

2568, as amended, December 16, 1975, S22328-75. 
Senate amendment considered and agreed to bv the House December 17, 1975, 

H12750-51. 
Examined and signed by the Speaker of the House December 18, 1975, H13049. 
Examined and signed by the President pro tempore of the Senate December 18, 

1975, S22680. 
Presented to the President December 19, 1975, H13203. 
Approved as Public Law 94-197 December 31, 1975. 

Companion bill— S. 25GS 

S. 2HG8 introduced bv Mr. Pastore (for himself and Mr. Baker) (by request) 
October 28, 1975, S18711. 

Hearings : As listed above. 

Markup : As listed above. 

Reported with six technical amendments (S. Rept. No. 94—454) November 13, 
1975, S19879. 

Considered by the Senate ; three amendments accepted and further considera- 
tion indefinitely postponed, December 16, 1975, S2232S-76. 



APPENDIX B 



THE ATOMIC ENERGY ACT OF 1940 x 

With Amendments Through the Eighty-third Congress 

(1st Sess.) 

AN ACT For the development and control of atomic energy 

Be it enacted oy the Senate and House of Representatives of the United States 
of America in Congress assembled, 

DECLARATION OF POLICY 

Section 1. (a) Findings and Declaration. — Research and experimentation 
in the field of nuclear chain reaction have attained the stage at which the 
release of atomic energy on a large scale is practical. The significance of the 
atomic bomb for military purposes is evident. The effect of the use of atomic 
energy for civilian purposes upon the social, economic, and political structures of 
today cannot now be determined. It is a field in which unknown factors are 
involved. Therefore, any legislation will necessarily be subject to revision from 
time to time. It is reasonable to anticipate, however, that tapping this new 
source of energy will cause profound changes in our present way of life. Accord- 
ingly, it is hereby declared to be the policy of the people of the United States 
that, subject at all times to the paramount objective of assuring the common de- 
fense and security, the development and utilization of atomic energy shall, so 
far as practicable, be directed toward improving the public welfare, increasing 
the standard of living, strengthening free competition in private enterprise, and 
promoting world peace. 

(b) Purpose of Act. — It is the purpose of this Act to effectuate the policies 
set out in section 1 (a) by providing, among others, for the following major 
programs relating to atomic energy : 

(1) A program of assisting and fostering private research and development 
to encourage maximum scientific progress ; 

(2) A program for the control of scientific and technical information which 
will permit the dissemination of such information to encourage scientific progress, 
and for the sharing on a reciprocal basis of information concerning the practical 
industrial application of atomic energy as soon as effective and enforceable safe- 
guards against its use for destructive purposes can be devised ; 

(3) A program of federally conducted research and development to assure the 
Government of adequate scientific and technical accomplishment ; 

(4) A program for Government control of the production, ownership, and use 
of fissionable material to assure the common defense and security and to insure 
the broadest possible exploitation of the fields ; and 

(5) A program of administration which will be consistent with the foregoing 
policies and with international arrangements made by the United States, and 
which will enable the Congress to be currently informed so as to take further 
legislative action as may hereafter be appropriate. 



1 The Atomic Energy Aft of 1046 (Public Law 585, 79th Cong., 60 Stat. 755-75, 42 U.S.C. 
1801-19). (For legislative history index to Public Law 5S5, 79th Cong., see index to S. 1717 
in appendix C.) 

(353) 



354 

ORGANIZATION 

Sec. 2. (a) Atomic Energy Commission. — 

(1) There is hereby established an Atomic Energy Commission (herein called 
the Comrnisson), which shall be composed of five members. Three members 
shall constitute a quorum of the Commission. The President shall designate one 
member as Chairman of the Commission. 

(2) Members of the Commission shall be appointed by the President, by and 
with the advice and consent of the Senate. In submitting any nomination to 
the Senate, the President shall set forth the experience and the qualifications 
of the nominee. The term of office of each member of the Commission taking 
office prior to June SO, 1950, shall expire at midnight on June SO, 1950. The term 
of office of each member of the Commission taking office after June SO, 1950, 
shall be five years, except that (A) the terms of office of the members first 
taking office after June 30, 1950, shall expire, as designated by the President at 
the time of the appointment, one at the end of one year, one at the end of two 
years, one at the end of three years, one at the end of four years, and one at the 
end of five years, after June SO, 1950 ; and (B) any member appointed to fill a 
vacancy, occurring prior to the expiration of the term for which his predecessor 
was appointed, shall be appointed for the remainder of such term. Any member 
of the Commission may be removed by the President for inefficiency, neglect of 
duty, or malfeasance in office. Each member, except the Chairman, shall receive 
compensation at the rate of $18,000 per annum ; and the Chairman shall receive 
compensation at the rate of $20,000 per annum. No member of the Commission 
shall engage in any other business, vocation, or employment than that of serving 
as a member of the Commission. 2 

(3) The principal office of the Commission shall be in the District of Columbia, 
but the Commission or any duly authorized representative may exercise any or 
ail of its powers in any place. The Commission shall hold such meetings, con- 
duct such hearings, and receive such reports as may be necesary to enable it 
to carry out the provisions of this Act. 

(4) There are hereby established within the Commission — 

(A) a General Manager, who shall discharge such of the administrative 
and executive functions of the Commission as the Commission may direct. 
The General Manager shall be appointed by the Commissions, shall serve at 
the pleasure of the Commission, shall oe removable by the Commission, and 



*The provision of spc. 2 (a) (2) (42 U.S.C. 1802) was amended on July 3, 1948. bv 
Public Law 898, 80th Cong. (62 Stat. 1259) to read as shown above in italics. (See S. 2589 
(Apr. 30. 1948) and S. Rept. 1342 (May 17, 1948) and minority views (May 24, 1948) ; see 
also H.R. 6402 (Apr. 30. 1948) and H. Rept. 1973 (May 18. 1949) and minority views 
(May 24. 1948).) (For legislative history index to Public Law 898, 80th Cong., see index 
to H.R. 6402 in appendix C.) 

The provision of sec. 2 (a) (2) (42 U.S.C. 1802) was amended on Sept. 23. 1950. bv 
Public Law 820, 81st Cong. (64 Stat. 979) to read as shown above in italics. (See S. 3437 
(Apr. 17, 1950) and C. Rept. 2493 (Aug. 30, 1950) ; see also H.R. 8103 (Apr. 19, 1950).) 
(For legislative history index to Public Law 820, 81st Cong., see index to S. 3437, in 
appendix C. ) 

In the basic Atomic Energy Act (Public Law 585, 79th Cong.. 60 Stat. 755-775; 42 
U.S.C. 1801-1819) sec. 2 (a) (2), read as shown below. The language subsequently changed 
by Public Law 898 and Public Law 820 is shown in italics. 

"(2) Members of the Commission shall be appointed by the President, by and with the 
advice and consent of the Senate. In submitting any nomination to the Senate, the 
President shall set forth the experience and the qualifications of the nominee. The term 
of office of each member of the Commission taking office prior to the expiration of tvo years 
after the date of enactment of this Act shall expire upon the expiration of such two years. 
The term of office of each member of the Commission takine office after the expiration of 
two years from the date of enactment of this Act shall be five years, except that (A) the 
terms of office of the members first taking office after the expiration of two years from the 
date of enactment of this Act shall expire, as designated by the President at the time of 
appointment, one at the end of three years, one at the end of four years, one at the end of 
five years, one at the end of six years, and one at the end of seven 'years, after the date of 
enactment of this Act; and (B) any member appointed to fill a vacancy occurring prior 
to expiration of the term for which his predecessor was appointed, shall be appointed 
for the remainder of such term. Any member of the Commission mav be removed bv the 
President for inefficiency, neglect of duty, or malfeasance in office. Each member, except 
the Chairman, shall receive compensation at the rate of $15,000 per annum ; and the Chair- 
man shall receive compensation at the rate of $17,500 per annum. No member of the 
Commission shall engage in any other business, vocation, or employment than that of 
serving as a member of the Commission." 



355 

shall receive compensation at a rate fixed in the Commission's discretion 
but not to exceed $20,000 per annum. 3 

(B) a Division of Military Application and such other program divisions 
(not to exceed ten in number) as the Commission may determine to be neces- 
sary to the discharge of its responsibilities. Each division shall be under 
the direction of a Director who shall be appointed by the Commission and 
shall be compensated at a rate determined by the Commission, but not in 
excess of $16,000 per annum. The Director of the Division of Military 
Application shall be a member of the Armed Forces. The Commission shall 
require each such division to exercise such of the Commission's powers as 
the Commission may determine/ 
(b) General Advisory Committee. — There shall be a General Advisory Com- 
mittee to advise the Commission on scientific and technical matters relating to 
materials, production, and research and development, to be composed of nine 
members, who shall be appointed from civilian life by the President. Each 
member shall hold office for a term of six years, except that (1) any member 
appointed to fill a vacancy occurring prior to the expiration of the term for 
which his predecessor was appointed, shall be appointed for the remainder of 
such term; and (2) the terms of office of the members first taking office after 
the date of the enactment of this Act shall expire, as designated by the President 
at the time of appointment, three at the end of two years, three at the end of four 
years, and three at the end of six years, after the date of the enactment of this 
Act. The Committee shall designate one of its own members as Chairman. The 
Committee shall meet at least four times in every calendar year. The members 
of the Committee shall receive a per diem compensation of $50 for each day spent 
in meetings or conferences, and all members shall receive their necessary travel- 
ing or other expenses while engaged in the work of the Committee. 

(c) Military Liaison Committee. — There shall be a Military Liaison Com- 
mittee consisting of a Chairman, who shall be the head thereof, and of a repre- 
sentative or representatives of the Departments of the Army, Navy, and Air 
Force, detailed or assigned thereto, without additional compensation, in such 
number as the Secretary of Defense may determine. Representatives from each 
of the three Departments shall be designated by the respective Secretaries of 
the Army, Navy, and Air Force. The Committee Chairman shall be appointed 
by the President, by and with the advice and consent of the Senate, and shall 



3 The language of sec. 2(a)(4)(A) (42 U.S.C. 1802) which was amended on September 
23, 1950, by Public Law 820, 81st Cong. (64 Stat. 979) is shown above in italics. (See 
S. 3437 (Apr. 17. 1950) and S. Rept. 2493 (Aug. 30, 1950) ; see also H.R. 8103 (Apr. 19, 
1950).) (For legislative history index to Public Law 820, 81st Cong., see index to S. 3437 
in appendix C. ) 

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. 755-775, 42 
U.S.C. 1801-1819) sec. 2(a)(4)(A) read as shown below. The language subsequently 
changed or omitted by Public Law 820 is shown in italics. 
"(4) There are hereby established within the Commission — 

"(A) a General Manager, who shall discharge such of the administrative and execu- 
tive functions of the Commission as the Commission may direct. The General Manager 
shall be appointed by the President by and with the advice and consent of the Senate, 
and shall receive compensation at the rate of $15,000 per annum. The Commission 
may make recommendations to the President with respect to the appointment or re- 
moval of the General Manager." 
< The language of sec. 2 (a) (4) (B) (42 U.S.C. 1802) which was amended on July 31 
i 0o o^^^ y , T P \ lbli ^ L , a ^o^ 64 ' . 83d Cong - (67 Stat 240 >' ls shown above ^ italics. (See 
?ni£ 9 ? £ Jul ? i 5 ', I? 53 1 , and S-RePt- 603 (July 18. 1953) : see also H.R. 6305 (July 1.1. 
1953).) For legislative history index to Public Law 164, 83d Cong., see index to S 2399 
in appendix C. 

rJ'^^rffiQio! " 110 ? n , er P,A ct ,,l? ubllc J Law 585 ' 79th Con S-- 60 Stat. 755-775, 32 
U.S.C. 1801-1819) sec 2 (a) (4) (B) read as shown below. The language subsequently 
changed or omitted by Public Law 164 is shown in italics. 

"(B) a Division of Research, a Division of Production, a Division of Engineering, 
and a Division of Military Application. Each division shall be under the direction of a 
Director who shall be appointed by the Commission, and shall receive compensation 
at the rate of $1 4,000 per annum. The Director of the Division of Military Anplica- 
SXS. 5£#lJ5?+« member of the armed forces. The Commission shall require each 
such division to exercise such of the Commission's powers under this Act as the Com- 

2K&SK £SS/StS^:?ScP td nnder section s ia) of thi8 
p^!^m^fSo^(Sfi^oiT mM t0 be increased t0 $14,S0 ° per annum by 



356 

receive compensation at a rate prescribed by law for the Chairman of the Muni- 
tions Board. 5 The Commission shall advise and consult with the Committee 
on all atornic-enerjry matters which the Committee deems to relate to military 
applications, including the development, manufacture, use and storage of bomhs, 
the allocation of fissionable material for military research, and the control of 
information relating to the manufacture or utilization of atomic weapons. The 
Commission shall keep the Committee fully informed of all such matters before 
it and the Committee shall keep the Commission fully informed of all atomic 
energy activities of the Department of Defense. The Committee shall have 
•authority to make written recommendations to the Commission on matters 
relating to military applications from time to time as it may deem appropriate. 
If the Committee at any time concludes that any action, proposed action, or 
failure to act of the Commission on such matters is adverse to the responsibilities 
of the Department of Defense, derived from the Constitution, laws, and treaties, 
the Committee may refer such action, proposed action, or failure to act to the 
Secretary of Defense. If the Secretary concurs, he may refer the matter to the 
President, whose decision shall be final. 8 

"(d) Appointment of Army, Navy, or Air Force Officers. — Notwithstanding 
the provisions of section 1222 of the Revised Statutes (U.S.C., 1940 edition, title 
10, sec. 576), section 212 of the Act entitled 'An Act making appropriations for 
the Legislative Branch of the Government for the fiscal year ending June 30, 
1933, and for other purposes', approved June 30, 1932, as amended (U.S.C., 1940 
edition, title 5, sec. 59a), section 2 of the Act entitled 'An Act making appro- 
priations for the legislative, executive, and judicial expenses of the Government 
for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and 
for other purposes', approved July 31, 1S34, as amended (U.S.C., 1940 edition, 
title 5, sec. 62), or any other law, any active or retired officer of the Army, Navy, 
or Air Force may serve as Director of the Division of Military Application estab- 
lished by subsection (a) (4) (B) of this section, without prejudice to his com- 
missioned status as such officer. Any such officer serving as Director of the Divi- 
sion of Military Application shall receive, in addition to his pay from the United 
States as such officer, an amount equal to the difference between such pay and 
the compensation prescribed in subsection (a) (4) (B) of this section."' Likewise, 
notwithstanding the provisions of any other lav:, any active or retired officer of 
the Army. Navy, or Air Force may serve as Chairman of the Military Liaison 
Committee established by subsection (c)-of this section, without prejudice to 
his commissioned status as such officer. Any such officer serving as Chairman of 
the Military Liaison Committee shall receive, in addition to his pay from the 



5 Pursuant to Reorganizntlon Plan No. 6. H. Doc. 136, 83d Cor.*?., 1<5 Fed. Reg. 3743, an 
Assistant Secretary of Defense is now assigned the responsibility for the work formerly 
performed by the Munitions Board. 

«The language of sec. 2 (c) (42 F.S.C. 1802) which was amended on October 11. 1940 
by Public Law 347, 81st Cong. (63 Stat. 762) is shown in italics. (See 8. 2372 (Aug 3 
1040) and 8. Rept. 034 (Aug. IS. 1040) : see also H.R. 5884 (Aug. 4, 1040) and H. Rept 
1282 (Aug. 18, 1949).) (For legislative history index to Public Law 347, 81st Cong., see 
ind-x to 8. 2372 in appendix C.) 

In the basic Atomic Energy Act (Public Law 585. 79th Cons:., 60 Stat. 755-775. 42 
U.S.C. 1801—1819) sec. 2 (c) read as shown below. The language subsequently changed 
or omitted by Public Law 347 is shown in italics. 

"(c) Military Liaison Committee. — There shall be a Military Liaison Committee con- 
sisting of representatives of the Departments of War and Navy, detailed or assigned thereto 
without additional compensation, by the Secretaries of War and Navy In such number as 
they may determine. The Commission shall advise and consult with the Committee on all 
atomic energy matters which the Committees [sic] deems to relate to military applications 
including the development, manufacture, use, and storage of bombs, the allocation of 
fissionable material for military research, and the control of information relating to the 
manufacture or utilization of atomic weapons. The Commission shall keep the Committpe 
fully informed of all such matters before it and the Committee shall keep the Commission 
fully informed of all atomic energy activities of the War and Navy Departments. The 
Committee shall have authority to make written recommendations to the Commission on 
matters relating to military applications from time to time as it may deem appropriate. 
If the Committee at any time concludes that any action, proposed action, or failure to 
act of the Commission on such matters is adverse to the responsibilities of the Departments 
of war and Navy, derived from the Constitution, laws, and treaties, the Committee mav 
refer such action, proposed action, or failure to act to the Secretaries of War and Navy. 
If either Secretary concurs, he may refer the matter to the President, whose decision shall 
be final." 



357 

United States as such officer, an amount equal to the difference between such pay 
and the compensation prescribed in subsection (c) of this section. 1 

ARCH 

Sec. 3. (a) Research Assistance. — The Commission is directed t i exercise 
its powers in such manner as to insure the continued conduct h and 

development activities in the fields specified below by private or public institu- 
tions or persons and to assist in the acquisition of an ever-expanding fund of 
theoretical and practical knowledge in such fields. To this end the Commission 
is authorized and directed to make arrangements (including contra its, 
ments, and loans j for the conduct of research and development activities 
relating to — 

(1) nuclear processes ; 

(2) the theory and production of atomic energy, including processes, 
materials, and devices related to such production ; 

(3) utilization of fissionable and radioactive materials for medical, 
logical, health, or military purposes ; 

(4) utilization of fissionable and radioactive materials and pro* 
entailed in the production of such materials for all other purposes, including 
industrial uses ; and 

(5) the protection of health during research and production activities. 
The Commission may make such arrangements without regard to the provisions 
of section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) upon certifica- 
tion by the Commission that such action is necessary in the interest of the com- 
mon defense and security, or upon a showing that advertising is not reasonably 
practicable, and may make partial and advance payments under such arrange- 
ments, and may make available for use in connection therewith such of its equip- 
ment and facilities as it may deem desirable. Such arrangements shall contain 
such provisions to protect health, to minimize danger from explosion and other 
hazards to life or property, and to require the reporting and to permit the 
inspection of work performed thereunder, as the Commission may determine ; but 
shall not contain any provisions or conditions which prevent the dissemination 
of scientific or technical information, except to the extent such dissemination is 
prohibited by law. 

(b) Research by the Commission. — The Commission is authorized and 
directed to conduct, through its own facilities, activities and studies of the types 
specified in subsection (a) above. 

PRODUCTION OF FISSIONABLE MATERIAL 

Sec 4. (a) Definition. — As used in this Act, the term "produce", when used 
in relation to fissionable material, means to manufacture, produce, or refine 
fissionable material, as distinguished from source materials as defined in section 



7 The language of sec. 2 (d) (42 TJ.S.C. 1802), which was amended on October 11, 1949, 
by Public Law 347, 81st Cong. (63 Stat. 762), is shown in italics. (See S. 2372 (Auj? 3. 
1949) and S. Rent. 934 (Aug. 18, 1949) : see also H.R. 5884 (Aug. 4, 1949) and H. Rept. 
12S2 (Aug. 18, 1949).) (For legislative history index to Public Law 347, 81st Cong., see 
index to S. 2372 in appendix C.) 

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. .755-775, 42 
U.S.C. 1S01-1819), sec. 2 (d), read as shown below. The language subsequently changed 
by Public Law 347 is shown in italics. 

"(d) Appointment of Army and Navy Officers.— Notwithstanding the provisions 
of section 1222 of the Revised Statutes (U.S.C. 1940 edition, title 10. sec. 576). section 
212 of the Act entitled 'An Act making appropriations for the Legislative Branch of the 
Government for the fiscal year ending June 30, 1H33. and for other purposes', approved 
June 30, 1932. as amended (U.S.C, 1940 edition, title 5, sec. 59a). section 2 of the 
Act entitled 'An Act making appropriations for the legislative, executive, and judicial 
expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred 
and ninety-five, and for other purposes', approved Julv 31, ls04, as amended (U.S.C. 
1940 edition, title 5, sec. 62). or any other law, anv active or retired officer of the Army 
or the Nary may serve as Director of the Division of Military Application established 
by subsection (a) (4) (B) of this section, without prejudice to his commissioned status 
as such officer. Any such officer serving as Director of the Division of Military Appli- 
cation shall receive, in addition to his pay from the United States as such officer an 
amount equal to the difference between such pay and the compensation prescribed in 
subsection (a) (4) (B) of this section." 



358 

5(b) (1), or to separate fissionable material from other substances in which such 
material may be contained or to produce new fissionable material. 

(b) Prohibition. — It shall be unlawful for any person to own any facilities 
for the production of fissionable material or for any person to produce fissionable 
material, except to the extent authorized by subsection (c). 

(c) Ownership and Operation of Production Facilities. — 

(1) Ownership of production facilities. — The Commission, as agent of 
and on behalf of the United States, shall be the exclusive owner of all 
facilities for the production of fissionable material other than facilities 
which (A) are useful in the conduct of research and development activities 
in the fields specified in section 3, and (B) do not, in the opinion of the 
Commission, have a potential production rate adequate to enable the operator 
of such facilities to produce within a reasonable period of time a sufficient 
quantity of fissionable material to produce an atomic bomb or any other 
atomic weapon. 

(2) Operation of the commission's production facilities. — The Com- 
mission is authorized and directed to produce or to provide for the produc- 
tion of fissionable material in its own facilities. To the extent deemed 
necessary, the Commission is authorized to make, or to continue in effect, 
contracts with persons obligating them to produce fissionable material in 
facilities owned by the Commission. The Commission is also authorized to 
enter into research and development contracts authorizing the contractor to 
produce fissionable material in facilities owned by the Commission to the 
extent that the production of such fissionable material may be incident to the 
conduct of research and development activities under such contracts. Any 
contract entered into under this section shall contain provisions (A) pro- 
hibiting the contractor with the Commission from subcontracting any part 
of the work he is obligated to perform under the contract, except as author- 
ized by the Commission, and (B) obligating the contractor to make such 
reports to the Commission as it may deem appropriate with respect to his 
activities under the contract, to submit to frequent inspection by employees 
of the Commission of all such activities, and to comply with all safety and 
security regulations which may be prescribed by the Commission. Any con- 
tract made under the provisions of this paragraph may be made without 
regard to the provisions of section 3709 of the Revised Statutes (TJ.S.C, 
title 41, sec. 5) upon certification by the Commission that such action is 
necessary in the interest of the common defense and security, or upon a 
showing that advertising is not reasonably practicable, and partial and 
advance payments may be made under such contracts. The President shall 
determine at least once each year the quantities of fissionable material to be 
produced under this paragraph. 

(3) Operation of other production facilities. — Fissionable material 
may be produced in the conduct of research and development activities in 
facilities which, under paragraph (1) above, are not required to be owned 
by the Commission. 

(d) Irradiation of Materials. — For the purpose of increasing the supply of 
radioactive materials, the Commission and persons lawfully producing or utiliz- 
ing fissionable material are authorized to expose materials of any kind to the 
radiation incident to the processes of producing or utilizing fissionable material. 

(e) Manufacture of Production Facilities. — Unless authorized by a license 
issued by the Commission, no person may manufacture, produce, transfer, or 
acquire any facilities for the production of fissionable material. Licenses shall 
be issued in accordance with such procedures as the Commission may by regu- 
lation establish and shall be issued in accordance with such standards and upon 
such conditions as will restrict the production and distribution of such facilities 
to effectuate the policies and purposes of this Act. Nothing in this section shall 
be deemed to require a license for such manufacture, production, transfer, or 
acquisition incident to or for the conduct of research or development activities 
in the United States of the types specified in section 3, or to prohibit the Com- 
mission from manufacturing or producing such facilities for its own use. 

control of materials 

Sec 5. (a) Fissionable Materials. — 

(1) Definition. — As used in this Act, the term "fissionable material" means 
Plutonium, uranium enriched in the isotope 235, any other material which the 



359 

Commission determines to be capable of releasing substantial quantities of 
energy tbrougb nuclear chain reaction of the material, or any material artifi- 
cially enriched by any of the foregoing ; but does not include source materials, as 
defined in section 5(b) (1). 

(2) Government ownership of all fissionable material. — All right, title, 
and interest within or under the jurisdiction of the United States, in or to anv 
fissionable material, now or hereafter produced, shall be the property of the 
Commission, and shall be deemed to be vested in the Commission by virtue of 
this Act. Any person owning any interest in any fissionable material at the 
time of the enactment of this Act, or owning any interest in any material at 
the time when such material is hereafter determined to be a fissionable mate- 
rial, or who lawfully produces any fissionable material incident to privately 
financed research or development activities, shall be paid just compensation 
therefor. The Commission may, by action consistent with the provisions of 
paragraph (4) below, authorize any such person to retain possession of such 
fissionable material, but no person shall have any title in or to any fissionable 
material. 

(3) Prohibition. — It shall be unlawful for any person to (A) possess or trans- 
fer any fissionable material, except as authorized by the Commission; or (B) 
export from or import into the United States any fissionable material; or (C) 
directly or indirectly engage in the production of any fissionable material out- 
side of the United States, except, subject to the limitations and conditions con- 
tained in section (10) (a) (3), as authorized by the Commission upon a deter- 
mination by the President that the common defense and security will not be ad- 
versely affected thereby.* 

(4) Distribution of fissionable material. — Without prejudice to its con- 
tinued ownership thereof, the Commission is authorized to distribute fissionable 
material owned by it, with or without charge, to applicants requesting such 
material ( A) for the conduct of research or development activities either inde- 
pendently or under contract or other arrangement with the Commission, (B) for 
use in medical therapy, or (C) for use pursuant to a license issued under the 
authority of section 7. Such material shall be distributed in such quantities 
and on such terms that no applicant will be enabled to obtain an amount suffi- 
cient to construct a bomb or other military weapon. The Commission is directed 
to distribute sufficient fissionable material to permit the conduct of widespread 
independent research and development activity, to the maximum extent practi- 
cable. In determining the quantities of fissionable material to be distributed, 
the Commission shall make such provisions for its own needs and for the con- 
servation of fissionable material as it may determine to be necessary in the 
national interest for the future development of atomic energy. The Commission 
shall not distribute any material to any applicant, and shall recall any dis- 
tributed material from any applicant, who is not equipped to observe or who 
fails to observe such safety standards to protect health and to minimize danger 
from explosion or other hazard to life or property as may be established by the 
Commission, or who uses such material in violation of law or regulation of the 
Commission or in a manner other than as disclosed in the application therefor. 

(5) The Commission is authorized to purchase or otherwise acquire any fis- 
sionable material or any interest therein outside the United States, or any inter- 
est in facilities for the production of fissionable material, or in real property on 
which such facilities are located, without regard to the provisions of section 
3709 of the Revised Statutes (U.S.C., title 41, sec. 5) upon certification by the 
Commission that such action is necessary in the interest of the common defense 
and security, or upon a showing that advertising is not reasonably practicable, 
and partial and advance payments may be made under contracts for such pur- 
poses. The Commission is further authorized to take, requisition, or condemn, 



8 The language of sec. 5 (a) (3) (42 TJ.S.C. 1S05). which was amended on Oct. 30. 1051, 
by Public Law 235, 82d Cong. (65 Stat. 692), is shown in italics. (See S. 2233 (Oct. 8, 
1951) and S. Rept. 894 (Oct. 8. 1951) : see also H.R. 5646 (Oct. S. 1951) and H. Rept. 
1104 (Oct. 8, 1951).) (Tor legislative history index to Public Law 235. 82d Cong., see 
imlex to S. 2233 in appendix C.) 

In the basic Atomic Energy Act (Public Law 5S5. 79th Cong.. 60 Stat. 755-775. 42 
U.S.C. 1801-1*19. sec. 5 (a) (3)) read as shown below. The language subsequently changed 
or omitted by Public Law 235 Is shown in Italics. 

"(3) Prohibition. — It shall be unlawful for any person, after sixtu days from the 
effective ft<ite of this Act to (A) possess or transfer any fissionable material, except as 
authorized by the Commission, or (B) export from or import into the United States anv 
fissionable material, or (C) directly or indirectly engage in the production of any fission- 
able material outside of the United States." 



360 

or otherwise acquire any interest in such facilities or real property, and just 
compensation shall he made therefor, 
(b) Source Materials. — 

(1) Definition. — As used in this Act, the term "source material'' means 
uranium, thorium, or any other material which is determined by the Commission, 
with the approval of the President, to be peculiarly essential to the production of 
fissionable materials ; but includes ores only if they contain one or more of the 
foregoing materials in such concentration as the Commission may by regulation 
determine from time to time. 

(2) License for transfers required. — Unless authorized by a license issued 
by the Commission, no person may transfer or deliver, receive possession of or 
title to, or export from the United States any source material after removal from 
its place of deposit in nature, except that licenses shall not be required for 
quantities of source materials which, in the opinion of the Commission, are 
unimportant. 

(3) Issuance of Licenses. — The Commission shall establish such standards 
for the issuance, refusal, or revocation of licenses as it may deem necessary to 
assure adequate source materials for production, research, or development activi- 
ties pursuant to this Act or to prevent the use of such materials in a manner 
inconsistent with the national welfare. Licenses shall be issued in accordance 
with such procedures as the Commission may by regulation establish. 

(4) Reporting. — The Commission is authorized to issue such regulations or 
orders requiring reports of ownership, possession, extraction, refining, shipment, 
or other handling of source materials as it may deem necessary, except that such 
reports shall not be required with respect to (A) any source material prior to 
removal from its place of deposit in nature, or (B) quantities of source materials 
which in the opinion of the Commission are unimportant or the reporting of which 
will discourage independent prospecting for new deposits. 

(5) Acquisition. — The Commission is authorized to the extent it deems neces- 
sary to effectuate the provisions of this Act — 

(A) to purchase, take, requisition, condemn, or otherwise acquire sup- 
plies of fissionable source materials or any interest in real property contain- 
ing deposits of fissionable source materials ; and 

(B) to purchase, take, requisition, condemn, or otherwise acquire rights 
to enter upon any real property deemed by it to have possibilities of contain- 
ing deposits of fissionable source materials and to conduct prospecting and 
exploratory operations for such deposits. 

Any purchase made under this paragraph may be made without regard to the 
provisions of section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) upon 
certification by the Commission that such action is necessary in the interest of 
the common defense and security, or upon a showing that advertising is not rea- 
sonably practicable, and partial and advance payments may be made thereunder. 
The Commission may establish guaranteed prices for all fissionable source ma- 
terials delivered to it within a specified time. Just compensation shall be made 
for any property or interest in property purchased, taken, requisitioned, con- 
demned, or otherwise acquired under this paragraph. 8 

(6) Operations on lands belonging to the united states. — The Commission 
is authorized, to the extent it deems necessary to effectuate the provisions of this 
Act, to issue leases or permits for prospecting for, exploration for, mining, or 
removal of deposits of fissionable source materials (or for any or all of these 
purposes) in lands belonging to the United States: Provided, That, notwithstand- 
ing any other provisions of law, such leases or permits may be issued for lands 



The language of sec. 5 (b) (5) (42 U.S.C. 1805) was amended on August 13. 1954. 
by Public Law 585, 83d Cong.. (68 Stat. 708). For legislative history index to Public Law 
58. r >. 83d Cong., see Index to S. 3344 In appendix C. 

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. 755-775, 42 
U.S.C. 1801-1819) , sec. 5 (b) (5) read as shown below :' 

"(5) Acquisition. — The Commission is authorized and directed to purchase, take, requi- 
sition, condemn, or otherwise acquire, supplies of source materials or any Interest In real 
property containing deposits of source materials to the extent it deems necessary to effectu- 
ate the provisions of this Act. Any purchase made under this paragraph may b» made 
without regard to the provisions of section 3709 of the Revised Statutes (U.S.C. title 41. 
sec. 5) upon certification by the Commission that such action is necessary in the interest 
of the common defense and security, or upon a showing that advertising is not reason- 
ably practicable, and partial and advance payments may be made thereunder. The Com- 
mission may establish guaranteed prices for all source materials delivered to it within 
a specified time. Just compensation shall be made for any property taken, requisitioned, 
or condemned under this paragraph." 



361 

administered for national park, monument, and wildlife purposes only when the 
President, by Executive order, finds and declares that such action is necessary 
in the interests of national defense. 10 

(7) Public lands. — Xo individual, corporation, partnership, or association, 
which had any part, directly or indirectly, in the development of the atomic energy 
program, may benefit by any location, entry, or settlement upon the public domain 
made after such individual, corporation, partnership, or association took part in 
such program, if such individual, corporation, partnership, or association, by 
reason of having had such part in the development of the atomic energy program, 
acquired confidential official information as to the existence of deposits of such 
uranium, thorium, or other fissionable source materials in the specific lands upon 
which such location, entry, or settlement is made, and subsequent to the da 
the enactment of this Act made such location, entry, or settlement or can- the 
same to be made for his, or its, or their benefit. In cases where any patent, con- 
veyance, lease, permit, or other authorization has been issued, which reserved to 
the United States fissionable source materials and the right to enter upon the land 
and prospect for, mine, and remove the same, the head of the department or 
agency which issued the patent, conveyance, lease, permit, or other authorization 
shall, on application of the holder thereof, issue a new or supplemental patent, 
conveyance, lease, permit, or other authorization without such reservation. 11 

(c) Byproduct Materials. — 

(1) Definition. — As used in this Act, the term "byproduct material" means 
any radioactive material (except fissionable material) yielded in or made radio- 
active by exposure to the radiation incident to the processes of producing or 
utilizing fissionable material. 



10 The language of sec. 5 (b) (6) (42 U.S.C. 1805) was amended on August 13', 1954, by 
Public Law 585, S3d Cong. (68 Stat. 708). For legislative history index to Public Law 
585, 83d Cong., see index to S. 3344 in appendix C. 

In the basic Atomic Energy Act (Public Law 5S5. 79th Cong., 60 Stat. 755-775, 42 
U.S.C. 1S01-1S19) sec. 5 (b) (6) read as shown below : 

"(6) Exploration. — The Commission is authorized to conduct and enter into contracts 
for the conduct of exploratory operations, investigations, and inspections to determine the 
location, extent, mode of occurrence, use, or conditions of deposits or supplies of source 
materials, making just compensation for any damage or injury occasioned thereby. Such 
exploratory operations may be conducted only with the consent of the owner, but such 
investigations and inspections may be conducted with or without such consent." 

11 The language of sec. 5 (b) (7) (42 U.S.C. 1S05) was amended on August 13, 1954. by 
Public Law 585, 83d Cong. (68 Stat. 708). For legislative history index to Public Law 
585, 83d Cong., see index to S. 3344 in appendix C. 

In the basic Atomic Energy Act (Public Law 585, 79th Cong., 60 Stat. 755-775. 42 
U.S.C. 1801-1S19). sec. 5 (b) (7) read as shown below : 

"(7) Public lands. — All uranium, thorium, and all other materials determined pur- 
suant to paragraph (1) of this subsection to be peculiarly essential to the production of 
fissionable material, contained, in whatever concentration, in deposits in the public lands 
are hereby reserved for the use of the United States subject to valid claims, rights, or 
privileges, existing on the date of the enactment of this Act: Provided, however, That no 
individual, corporation, partnership, or association, which had any part, directly or indi- 
rectly, in the development of the atomic bomb project, may benefit bv anv location, entry. 
or settlement upon the public domain made after such individual, corporation, partnership, 
or association took part in such project, if such individual, corporation, partnership, or 
association, by reason of having had such part in the development of the atomic bomb 
project, acquired confidential official information as to the existence of deposits of such 
uranium, thorium, or other materials in the specific lands upon which such location entry 
or settlement is made, and subsequent to the date of the enactment of this Act made such 
location, entry, or settlement or caused the same to be made for his, its. or their benefit 
The Secretary of the Interior shall cause to be inserted in everv patent, conveyance lease 
permit, or other authorization hereafter granted to use the public lands or their mineral 
resources, under any of which there might result the extraction of any materials so 
reserved, a reservation to the United States of all such materials, whether or not of com- 
mercial value, together with the right of the United States throueh its authorized agents 
or representatives at any time to enter upon the land and prospect for. mine, and remove 
tfie same, making just compensation for any damage or injury occasioned thereby Any 
lands so patented, conveyed, leased, or otherwise disposed of mav be used and any' rights 
under any such permit or authorization may be exercised, as if no reservation "of such 
materials had been maae under this subsection: except that, when such use results in the 
extraction ot any such material from the land in quantities which may not be transferred 
or deavered without a license under this subsection, such material shall be the property 
of the Commission and the Commission may require delivery of such material to it by anv 
\T7-ZnJt e - ve °i tSH* Sl ^' h mate , rial haa been separated as such from the ores in which 
it v.as contained. If the Commission requires the delivery of such material to it it shall 
™VL ° ,<- IK ' r . s011 mining or extracting the same, or to such other person as the Com- 
Z!™< ? f / Ptermines t0 b £ en t ltle < ] thereto, such sums, including profits; as the Commission 
n7 tw ^i re 'T a f ble fo f th .^ discovery, mining, development, production, extraction. 
!ln?rLJl' e , Performed with respect to such material prior to such delivery, but 
nTJ^^™'/ 0t ^cludeany amount on account of the value of such material before 

,?mSo Kf i? la A e ° f aep0S i, t In na I ure " If the Commission does not require delivery of 
force or . effect " reservation made pursuant to this paragraph shall be of no further 

65-234 — 76 24 



362 

(2) Distribution. — The Commission is authorized to distribute, with or with- 
out charge, byproduct materials to applicants seeking such materials for research 
or development activity, medical therapy, industrial uses, or such other useful 
applications as may be developed. In distributing such materials, the Commission 
shall give preference to applicants proposing to use such materials in the conduct 
of research and development activity or medical therapy. The Commission shall 
not distribute any byproduct materials to any applicant, and shall recall any 
distributed materials from any applicant, who is not equipped to observe or who 
fails to observe such safety standards to protect health as may be established 
by the Commission or who uses such materials in violation of law or regulation 
of the Commission or in a manner other than as disclosed in the application 
therefor. 

(d) General Provisions. — The Commission shall not — 

(1) distribute any fissionable material to (A) any person for a use which 
is not under or within the jurisdiction of the United States, (B) any foreign 
government, or (C) any person within the United States if, in the opinion 
of the Commission, the distribution of such fissionable material to such 
person would be inimical to the common defense and security. 

(2) license any person to transfer or deliver, receive possession of or title 
to, or export from the United States any source material if, in the opinion 
of the Commission, the issuance of a license to such person for such purpose 
would be inimical to the common defense and security. 

MILITARY APPLICATIONS OF ATOMIC ENERGY 

Sec. 6. (a) Authority. — The Commission is authorized to — 

(1) conduct experiments and do research and development work in the 
military application of atomic energy ; and 

(2) engage in the production of atomic bombs, atomic bomb parts, or 
other military weapons utilizing fissionable materials; except that such 
activities shall be carried on only to the extent that the express consent and 
direction of the President of the United States has been obtained, which con- 
sent and direction shall be obtained at least once each year. 

The President from time to time may direct the Commission (1) to deliver such 
quantities of fissionable materials or weapons to the armed forces for such use 
as he deems necessary in the interest of national defense or (2) to authorize the 
armed forces to manufacture, produce, or acquire any equipment or device uti- 
lizing fissionable material or atomic energy as a military weapon. 

(b) Prohibition. — It shall be unlawful for any person to manufacture, pro- 
duce, transfer, or acquire any equipment or device utilizing fissionable material 
or atomic energy as a military w T eapon, except as may be authorized by the 
Commission. Nothing in this subsection shall be deemed to modify the pro- 
visions of section 4 of this Act, or to prohibit research activities in respect of 
military weapons, or to permit the export of any such equipment or device. 

UTILIZATION OF ATOMIC ENERGY 

Sec 7. fa) License Required. — It shall be unlawful, except as provided in 
sections 5 (a) (4) (A) or (B) or 6 (a), for any person to manufacture, produce, 
or export any equipment or device utilizing fissionable material or atomic energy 
or to utilize fissionable material or atomic energy with or without such equip- 
ment or device, except under and in accordance with a license issued by the Com- 
mission authorizing such manufacture, production, export, or utilization. No 
license may permit any such activity if fissionable material is produced incident 
to such activity, except as provided in sections 3 and 4. Nothing in this section 
shall be deemed to require a license for the conduct of research or development 
activities relating to the manufacture of such equipment or devices or the utiliza- 
tion of fissionable material or atomic energy, or for the manufacture or use of 
equipment or devices for medical therapy. 

(b) Report to Congress. — Whenever in its opinion any industrial, commercial, 
or other nonmilitary use of fissionable material or atomic energy has been suffi- 
ciently developed to be of practical value, the Commission shall prepare a report 
to the President stating all the facts with respect to such use, the Commission's 
estimate of the social, political, economic, and international effects of such use 
and the Commission's recommendations for necessary or desirable supplemental 
legislation. The President shall then transmit this report to the Congress 



363 

together with his recommendations. No license for any manufacture, production, 
export, or use shall be issued by the Commission under this section until after (1) 
a report with respect to such manufacture, production, export, or use has been 
iiled with the Congress; and (2) a period of ninety days in which the Congress 
was in session has elapsed after the report has been so filed. In computing such 
period of ninety days, there shall be excluded the days on which either House is 
not in session because of an adjournment of more than three days. 

(c) Issuance of Licenses. — After such ninety-day period, unless hereafter 
prohibited by law, the Commission may license such manufacture, production, 
export, or use in accordance with such procedures and subject to such conditions 
as it may by regulation establish to effectuate the provisions of this Act. The 
Commission is authorized and directed to issue licenses on a nonexclusive basis 
and to supply to the extent available appropriate quantities of fissionable mate- 
rial to licensees (1) whose proposed activities will serve some useful purpose 
proportionate to the quantities of fissionable material to be consumed; (2) who 
are equipped to observe such safety standards to protect health and to minimize 
danger from ex